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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
arrestees; unlawfully present; reporting
Purpose
Requires the U.S. Immigration and Customs Enforcement (U.S. ICE) or U.S. Customs and Border Protection (U.S. CBP) to be immediately notified when a law enforcement official or agency arrests a person who is unlawfully present in the United States.
Background
The U.S. Immigration and Naturalization Service must provide an individual's citizen verification or immigration status information to a federal, state or local government seeking to verify citizenship or immigration status for any authorized purpose (8 U.S.C. § 1373(c)). Officials or agencies of the state and counties, cities, towns and other political subdivisions of the state may not be prohibited or restricted in any way from sending, receiving or maintaining information relating to the immigration status, lawful or unlawful, of an individual or exchanging that information with any other federal, state or local governmental entity to: 1) determine eligibility for a public benefit, service or license provided by a federal, state or local municipality; 2) verify a claim of residence or domicile if the determination is required under state law or a judicial order for a civil or criminal proceeding; 3) if the person is not a U.S. citizen, determine whether the person is in compliance with the registration requirements prescribed by the federal Immigration and Nationality Act; or 4) otherwise comply with federal law.
For any lawful stop, arrest or detention made by a state or local law enforcement official or agency where reasonable suspicion exists regarding a person's immigration status, a reasonable attempt must be made to determine the immigration status of the person, unless the determination hinders or obstructs the investigation (A.R.S. § 11-1051).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires U.S. ICE or U.S. CBP to be immediately notified when a person who is unlawfully present in the United States is arrested by a law enforcement official or agency of the state or a county, city, town or other political subdivision of the state for a violation of state or local law.
2. Makes technical and conforming changes.
3. Becomes effective on the general effective date.
Prepared by Senate Research
January 22, 2026
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