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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
immigration laws; local enforcement; training
Purpose
Prescribes requirements for state and local cooperation with federal immigration authorities and the enforcement of federal immigration laws that include training law enforcement and investigating violations.
Background
The Immigration and Nationality Act of 1996 prescribes the powers of immigration officers and employees, including a federal immigration program, commonly referred to as the 287(g) Program, that allows the U.S. Attorney General to enter into agreements with state and local law enforcement agencies. Agreements made under the 287(g) Program authorize qualified state and local law enforcement officers to act as a federal immigration officer and enforce federal immigration laws, including the investigation, apprehension or detention of aliens in the United States (8 U.S.C. § 1357).
Commonly referred to by the number of the establishing bill, 1487, the Attorney General (AG) must investigate any alleged violation of the Arizona Constitution or state law by a governing body of a county or municipality upon the request of a legislative member. Within 30 days of the request, the AG must make a written report of investigative findings and conclusions and provide a copy of the report to the Governor, the Senate President, the Speaker of the House of Representatives, the legislative member or members making the original request and the Secretary of State. If the AG concludes that the ordinance, regulation, order, written policy, written rule or other action under investigation: 1) violates a provision of state law or the Arizona State Constitution, the AG must notify the county or municipality of the determination, provide 30 days to resolve the violation and, if the violation is not resolved, direct the State Treasurer to withhold and redistribute state share monies from the county or municipality until the violation is resolved; 2) may violate a provision of state law or the Constitution of Arizona, the AG must file a special action in the Arizona Supreme Court to resolve the issue, as prescribed, and the court must require the county or municipality to post a bond equal to the amount of state shared revenue paid for the preceding six months; or 3) does not violate state law or the Arizona Constitution, the AG must take no further action (A.R.S. § 41-194.01).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires each law enforcement agency (LEA) in the state and each official or agency of the state or a county, city, town or other political subdivision of the state to provide immigration enforcement training to all law enforcement officers and employees to ensure that all immigration enforcement in Arizona remains consistent with federal law.
2. Allows an official or agency of the state or a county, city, town or other political subdivision of the state to enter into memorandums of agreement (MOAs) with the U.S. Department of Justice, the U.S. Department of Homeland Security or any other federal agency for the purpose of enforcing federal immigration laws, including the 287(g) Program or a similar federal program.
3. Preempts an official or agency of the state or a city, town, county or other political subdivision of the state from establishing, adopting or enforcing any policy, pattern or practice that prohibits or restricts cooperation with federal immigration authorities in the enforcement of federal immigration law.
4. Preempts a state official or agency or a county, city, town or other political subdivision of the state from being prohibited from using available federal resources, including databases, equipment, grant monies, training or participation in incentive programs for any public safety purpose related to the enforcement of state and federal immigration laws, except as provided by federal law.
5. Directs applicable state agencies to consider incentive programs and grant funding for the purpose of assisting and encouraging a state official, state agency, county, city, town or other political subdivision of the state to enter into MOAs with federal entities and use federal resources, when reasonably possible.
6. Asserts that prescribed requirements for state and local cooperation with federal immigration authorities and the enforcement of federal immigration laws does not prevent any LEA, county, city, town or other political subdivision of the state from enforcing federal immigration laws as authorized pursuant to state and federal law.
7. Requires the AG, at the written request of a member of the Legislature, to investigate any ordinance, regulation, order, policy, pattern or practice of a city town or county or any agency, department or other entity of a city, town or county that the legislative member alleges violates the preemption on prohibiting or restricting cooperation with federal immigration authorities in the enforcement of federal immigration laws.
8. Specifies that the AG investigation is in addition to any other causes of action or remedies available to the AG, a county attorney or any other party with standing.
9. Asserts that the AG has prescribed investigative powers and may file an action in superior court to enforce compliance with any investigative request or demand.
10. Requires an action filed by the AG relating to an investigation to be given precedence over all other cases.
11. Requires the AG, within 30 days after the request of the member of the Legislature excluding any time in which an action to enforce an investigative request or demand is pending, to make a written report and follow the prescribed procedures for any violation or potential violation.
12. Defines an LEA as the Arizona Department of Corrections, Rehabilitation and Reentry, county sheriff's offices, the Department of Public Safety and municipal police departments.
13. Defines law enforcement officer as an officer in the employment of an LEA.
14. Becomes effective on the general effective date.
Prepared by Senate Research
February 12, 2026
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