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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
AMENDED
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 entering into memorandums of agreement (MOAs) to train law enforcement, establishing state preemptions 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 MOAs with state and local law enforcement agencies. MOAs made under the 287(g) Program authorize qualified state and local law enforcement officers to act as federal immigration officers 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, Senate President, Speaker of the House of Representatives, legislative member or members making the original request and Secretary of State. If the AG concludes that the action under investigation: 1) violates a provision of state law or the Arizona 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-shared monies from the county or municipality until the violation is resolved; 2) may violate a provision of state law or the Arizona Constitution, 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. Requires, by January 1, 2027, each county sheriff's office to enter into an MOA with the U.S. Immigration and Customs Enforcement (U.S. ICE) to participate in the 287(g) Program or a similar federal program that:
a) is entered into in accordance with federal law;
b) includes participation by the office in all applicable programs that are available; and
c) allows for the enforcement of federal immigration laws to the full extent allowed under federal law.
4. Allows an official or agency of the state or a county, city, town or other political subdivision of the state to enter into 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.
5. 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.
6. 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.
7. Directs, when reasonably possible, applicable state agencies to consider incentive programs and grant funding to assist and encourage a state official, state agency, county, city, town or other political subdivision of the state to enter into an MOA with federal entities and use federal resources.
8. Asserts that the 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.
9. 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.
10. Specifies that the AG's investigation is in addition to any other cause of action or remedy available to the AG, a county attorney or any other party with standing.
11. 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.
12. Requires an action filed by the AG relating to an investigation to be given precedence over all other cases.
13. Requires the AG to make a written report and follow the prescribed procedures for any violation or potential violation within 30 days after receiving the legislative member's request excluding any time in which an action to enforce an investigative request or demand is pending.
14. 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.
15. Defines law enforcement officer as an officer in the employment of an LEA.
16. Becomes effective on the general effective date.
Amendments Adopted by Committee
1. Requires, by January 1, 2027, county sheriff's offices to enter into MOAs to participate in the 287(g) Program or a similar federal program as specified.
2. Stipulates that at least 10 percent of the law enforcement officers employed by a county sheriff's office must be trained in accordance with the terms of any MOA with U.S. ICE.
3. Makes conforming changes.
Senate Action
MABS 2/16/26 DPA 4-3-0
Prepared by Senate Research
July 15, 2026
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