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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
probation; immigration enforcement; court notification
Purpose
Assigns the responsibility to immediately notify a federal authority of a person who is unlawfully present in the United States to the convicting court and the state or local agency that discharges the person from imprisonment or assesses a monetary obligation and bars such a person from being eligible for probation.
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.
If a person who is unlawfully present in the United States is convicted of a violation of state or local law, on discharge from imprisonment or on the assessment of any monetary obligation that is imposed, the U.S. Immigration and Customs Enforcement (U.S. ICE) or U.S. Customs and Border Protection (U.S. CBP) must be immediately notified (A.R.S. § 11-1051).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Specifies that the following authorities must immediately notify U.S. ICE or U.S. CBP of a person who is unlawfully present in the United States:
a) the court if the person is convicted of a violation of state or local law; and
b) the state agency, county, city, town or other political subdivision of the state that discharges the person from imprisonment or assesses the monetary obligation.
2. Deems a person who is unlawfully present in the United States and who is convicted of a violation of state or local law to be ineligible for probation.
3. Allows the immigration status of a person convicted of a violation of state or local law to be determined by:
a) a law enforcement officer who is authorized by the federal government to verify or ascertain a person's immigration status; or
b) U.S. ICE or U.S. CBP.
4. Makes technical and conforming changes.
5. Becomes effective on the general effective date.
Prepared by Senate Research
January 29, 2026
KJA/KM/ci