Signed by Governor Jan Brewer

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that amends statutes related to immigration and law enforcement, including, but not limited to, requiring law enforcement officers to make a "reasonable attempt" to determine the immigration status of an individual if a "reasonable suspicion" exists that the individual is an undocumented immigrant, and establishing a crime of failure to complete or carry an immigrant registration document for being in violation of federal immigration law.

Highlights:

• Requires law enforcement officials or agencies of the state, during any lawful contact made by the official or agency, to make a "reasonable attempt" to determine the immigration status of an individual if "reasonable suspicion" exists that the individual is an undocumented immigrant, and requires the individual's immigration status be verified by the federal government before they are released (Sec. 2).

• Specifies that any of the following forms of identification are sufficient to establish legal presence in the U.S. (Sec. 2):
• Arizona driver's license;
• Arizona non-operating identification license;
• Tribal enrollment card or other form of tribal identification; or
• Any valid U.S. federal, state, or local government issued identification.

• Exempts law enforcement officers from the aforementioned requirement if it would hinder or obstruct an investigation (Sec. 2). 

• Prohibits law enforcement officers or agencies from solely considering race, color, or national origin when establishing "reasonable suspicion" that an individual is an undocumented immigrant, except to the extent permitted by the U.S. or Arizona Constitution (Sec. 2).

• Authorizes law enforcement officers to arrest an individual, without a warrant, if the officer has probable cause to believe that the individual committed a public offense that makes them removable from the U.S. (Sec. 6).

• Requires U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection to be immediately notified if an undocumented immigrant is convicted of a violation of state or local law, following discharge from imprisonment or assessment of any fine (Sec. 2).

• Authorizes law enforcement agencies to securely transport an undocumented immigrant in their custody to an Arizona federal facility or any other point of transfer into federal custody outside the agency's jurisdiction, including outside of the state if the agency obtained judicial authorization (Sec. 2).

• Prohibits any official, agent, county, city, town, or other political subdivision of the State from adopting a policy that limits or restricts the enforcement of federal immigration laws to less than their full extent permitted by federal law, and authorizes individuals to bring an action in superior court to challenge any policy that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law (Sec. 2).

• Specifies that if there is a judicial finding that an official or agency adopted or implemented a policy that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law, the official or entity must pay a fine of not less than $1000 and not more than $5000 for each day that the policy has remained in effect after the filing of an action (Sec. 2).

• Specifies that in addition to any violation of federal law, an individual is guilty of willful failure to complete or carry an immigration registration document if the individual is in violation of federal immigration registration requirements (8 USC 1304(e) and 8 USC 1306(a)) (Sec. 3).

• Classifies the aforementioned violation as a Class 1 misdemeanor or one of the following if specific criteria are met (Sec. 3):
• Class 3 felony if the individual violates this section while in possession of a "dangerous drug", precursor chemicals that are used in the manufacturing of methamphetamines, "deadly weapon or a dangerous instrument", or "property that is used for the purpose of committing an act of terrorism"; or
• Class 4 felony if the individual is convicted of a second or subsequent violation of this section or within the past 60 months, the individual has been removed from the U.S., or the individual accepted voluntary removal from the U.S.

• Specifies that individuals sentenced for the aforementioned violation are not eligible for suspension or commutation of sentence or release on any basis until the sentence is served, and requires the court order that the individual pay jail costs and an additional assessment equal to the following (Sec. 3):
• At least $500 for a first violation; or
• Twice the aforementioned amount for a second or subsequent violation.

• Authorizes peace officers to lawfully stop any individual operating a motor vehicle if the officer has "reasonable suspicion" that the individual is in violation of any civil traffic law and is smuggling undocumented immigrants (Sec. 4).

• Prohibits an occupant of a motor vehicle that is stopped on a street, roadway, or highway to hire or attempt to hire individuals at a different location if the motor vehicle blocks or impedes the normal movement of traffic, and prohibits individuals from entering such vehicles (Sec. 5).

• Prohibits undocumented immigrants from applying for work, soliciting work in a public place, or performing work as an employee or independent contractor (Sec. 5).

• Classifies the aforementioned violations as a Class 1 misdemeanor (Sec. 5).

• Prohibits individuals in violation of a criminal offense from doing any of the following (Sec. 5):

• Transporting, moving, or attempting to transport or move an undocumented immigrant in Arizona using a means of transportation if the individual knows or recklessly disregards the fact that the undocumented immigrant has come to, entered, or remains in the U.S. in violation of federal immigration law;
• Concealing, harboring, shielding, or attempting to conceal, harbor, or shield an undocumented immigrant from detection in any place in this state, including any building or means of transportation, if the individual knows or recklessly disregards the fact that the undocumented immigrant has come to, entered, or remains in the U.S. in violation of federal immigration law; or
• Encouraging or inducing an undocumented immigrant to come to or reside in Arizona if the individual knows or recklessly disregards the fact that such activity is or will be in violation of federal immigration law. 

• Classifies the aforementioned violation as a Class 1 misdemeanor, and establishes a fine of at least $1,000, unless the violation involves 10 or more undocumented immigrants, then the individual is guilty of a Class 6 felony and is subject to a fine of at least $1000 for each undocumented immigrant involved (Sec. 5).

• Exempts the following from the aforementioned prohibition (Sec. 5):
• Child Protective Services workers acting in the individual's official capacity;
• Individuals acting in the capacity of a first responder, ambulance attendant, or emergency medical technician, and who is transporting or moving an undocumented immigrant.

• Specifies that it is an affirmative defense to a violation of knowingly employing an undocumented immigrant that the employer was entrapped, and specifies that the employer has the burden of proving the following to assert an entrapment defense (Secs. 7-8):

• Requires employers to keep a record of the verification of employee eligibility via the federal e-verify program for the duration of the employee's employment or at least 3 years, whichever is longer (Sec. 9).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends statutes related to immigration and law enforcement, including, but not limited to, requiring law enforcement officers to make a "reasonable attempt" to determine the immigration status of an individual if a "reasonable suspicion" exists that the individual is an undocumented immigrant, and establishing a crime of failure to complete or carry an immigrant registration document for being in violation of federal immigration law.

Highlights:

• Requires law enforcement officials or agencies of the state, during any lawful contact made by the official or agency, to make a "reasonable attempt" to determine the immigration status of an individual if "reasonable suspicion" exists that the individual is an undocumented immigrant, and requires the individual's immigration status be verified by the federal government before they are released (Sec. 2).

• Specifies that any of the following forms of identification are sufficient to establish legal presence in the U.S. (Sec. 2):
• Arizona driver's license;
• Arizona non-operating identification license;
• Tribal enrollment card or other form of tribal identification; or
• Any valid U.S. federal, state, or local government issued identification.

• Exempts law enforcement officers from the aforementioned requirement if it would hinder or obstruct an investigation (Sec. 2).

• Prohibits law enforcement officers or agencies from solely considering race, color, or national origin when establishing "reasonable suspicion" that an individual is an undocumented immigrant, except to the extent permitted by the U.S. or Arizona Constitution (Sec. 2).

• Authorizes law enforcement officers to arrest an individual, without a warrant, if the officer has probable cause to believe that the individual committed a public offense that makes them removable from the U.S. (Sec. 6).

• Requires U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection to be immediately notified if an undocumented immigrant is convicted of a violation of state or local law, following discharge from imprisonment or assessment of any fine (Sec. 2).

• Authorizes law enforcement agencies to securely transport an undocumented immigrant in their custody to an Arizona federal facility or any other point of transfer into federal custody outside the agency's jurisdiction, including outside of the state if the agency obtained judicial authorization (Sec. 2).

• Prohibits any official, agent, county, city, town, or other political subdivision of the State from adopting a policy that limits or restricts the enforcement of federal immigration laws to less than their full extent permitted by federal law, and authorizes individuals to bring an action in superior court to challenge any policy that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law (Sec. 2).

• Specifies that if there is a judicial finding that an official or agency adopted or implemented a policy that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law, the official or entity must pay a fine of not less than $1000 and not more than $5000 for each day that the policy has remained in effect after the filing of an action (Sec. 2).

• Specifies that in addition to any violation of federal law, an individual is guilty of willful failure to complete or carry an immigration registration document if the individual is in violation of federal immigration registration requirements (8 USC 1304(e) and 8 USC 1306(a)) (Sec. 3).

• Classifies the aforementioned violation as a Class 1 misdemeanor or one of the following if specific criteria are met (Sec. 3):
• Class 3 felony if the individual violates this section while in possession of a dangerous drug (§ 13-3401), precursor chemicals that are used in the manufacturing of methamphetamines (§ 13-3404.01), deadly weapon or a dangerous instrument (§ 13-105), or property that is used for the purpose of committing an act of terrorism (§ 13-2308.01); or
• Class 4 felony if the individual is convicted of a second or subsequent violation of this section or within the past 60 months, the individual has been removed from the U.S. (8 USC 1229a), or the individual accepted voluntary removal from the U.S. (8 USC 1229c).

• Specifies that individuals sentenced for the aforementioned violation are not eligible for suspension or commutation of sentence or release on any basis until the sentence is served, and requires the court order that the individual pay jail costs and an additional assessment equal to the following (Sec. 3):
• At least $500 for a first violation; or
• Twice the aforementioned amount for a second or subsequent violation.

• Authorizes peace officers to lawfully stop any individual operating a motor vehicle if the officer has "reasonable suspicion" that the individual is in violation of any civil traffic law and is smuggling undocumented immigrants (Sec. 4).

• Prohibits an occupant of a motor vehicle that is stopped on a street, roadway, or highway to hire or attempt to hire individuals at a different location if the motor vehicle blocks or impedes the normal movement of traffic, and prohibits individuals from entering such vehicles (Sec. 5).

• Prohibits undocumented immigrants from applying for work, soliciting work in a public place, or performing work as an employee or independent contractor (Sec. 5).

• Classifies the aforementioned violations as a Class 1 misdemeanor (Sec. 5).

• Prohibits individuals in violation of a criminal offense from doing any of the following (Sec. 5):
• Transporting, moving, or attempting to transport or move an undocumented immigrant in Arizona using a means of transportation if the individual knows or recklessly disregards the fact that the undocumented immigrant has come to, entered, or remains in the U.S. in violation of federal immigration law;
• Concealing, harboring, shielding, or attempting to conceal, harbor, or shield an undocumented immigrant from detection in any place in this state, including any building or means of transportation, if the individual knows or recklessly disregards the fact that the undocumented immigrant has come to, entered, or remains in the U.S. in violation of federal immigration law; or
• Encouraging or inducing an undocumented immigrant to come to or reside in Arizona if the individual knows or recklessly disregards the fact that such activity is or will be in violation of federal immigration law.

• Classifies the aforementioned violation as a Class 1 misdemeanor, and establishes a fine of at least $1,000, unless the violation involves 10 or more undocumented immigrants, then the individual is guilty of a Class 6 felony and is subject to a fine of at least $1000 for each undocumented immigrant involved (Sec. 5).

• Exempts the following from the aforementioned prohibition (Sec. 5):
• Child Protective Services workers acting in the individual's official capacity; and
• Individuals acting in the capacity of a first responder, ambulance attendant, or emergency medical technician, and who is transporting or moving an undocumented immigrant.

• Specifies that it is an affirmative defense to a violation of knowingly employing an undocumented immigrant that the employer was entrapped, and specifies that the employer has the burden of proving the following to assert an entrapment defense (Secs. 7 & 8):
• The idea of committing the violation started with law enforcement officers or their agents rather than with the employer;
• The law enforcement officers or their agents urged and induced the employer to commit the violation; and
• The employer was not predisposed to commit the violation before the law enforcement officers or their agents urged and induced the employer to commit the violation.

• Requires employers to keep a record of the verification of employee eligibility via the federal e-verify program for the duration of the employee's employment or at least 3 years, whichever is longer (Sec. 9).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that amends statutes related to immigration and law enforcement, including, but not limited to, requiring law enforcement officers to make a "reasonable attempt" to determine the immigration status of individuals if a "reasonable suspicion" exists that the individual is an undocumented immigrant, and establishing a trespassing crime for being present on any public or private land in Arizona and in violation of federal immigration law.

Highlights:

• Requires law enforcement officials or agencies of the state, during any lawful contact made by the official or agency, to make a "reasonable attempt" to determine the immigration status of an individual if "reasonable suspicion" exists that the individual is an undocumented immigrant (Sec. 2).

• Authorizes law enforcement officers to arrest an individual, without a warrant, if the officer has probable cause to believe that the individual committed a public offense that makes them removable from the U.S. (Sec. 2).

• Requires undocumented immigrants to be transferred to the custody of U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection if convicted of a violation of state or local law, following discharge from imprisonment or assessment of any fine (Sec. 2).

• Authorizes a law enforcement agency to securely transport an undocumented immigrant in their custody to an Arizona federal facility or any other point of transfer into federal custody outside the agency's jurisdiction (Sec. 2).

• Prohibits any official, agent, county, city, town, or other political subdivision of the State from adopting a policy that limits or restricts the enforcement of federal immigration laws to less than their full extent permitted by federal law, and authorizes individuals to bring an action in superior court to challenge any policy that limits or restricts the enforcement of federal immigration laws to less than the full extent permitted by federal law (Sec. 2).

• Specifies that in addition to any violation of federal law, an individual is guilty of trespassing if the individual is present on any public or private land in Arizona and in violation of federal immigration registration requirements (8 USC 1304(e) and 8 USC 1306(a)) (Sec. 3).

• Classifies the aforementioned violation as a Class 1 misdemeanor or one of the following if specific criteria are met (Sec. 3):
• Class 3 felony if the individual violates this section while in possession of a dangerous drug (§ 13- 3401), precursor chemicals that are used in the manufacturing of methamphetamines (§ 13-3404.01), deadly weapon or a dangerous instrument (§ 13-105), or property that is used for the purpose of committing an act of terrorism (§ 13-2308.01); or
• Class 4 felony if the individual is convicted of a second or subsequent violation of this section or within the past 60 months, the individual has been removed from the U.S. (8 USC 1229a), or the individual accepted voluntary removal from the U.S. (8 USC 1229c).

• Specifies that individuals sentenced for the aforementioned violation are not eligible for suspension or commutation of sentence or release on any basis until the sentence is served, and requires the court order that the individual pay jail costs and an additional assessment equal to the following (Sec. 3):
• At least $500 for a first violation; or
• Twice the aforementioned amount for a second or subsequent violation.

• Authorizes peace officers to lawfully stop any individual operating a motor vehicle if the officer has "reasonable suspicion" that the individual is in violation of any civil traffic law and is smuggling undocumented immigrants (Sec. 4).

• Prohibits an occupant of a motor vehicle that is stopped on a street, roadway, or highway to hire or attempt to hire individuals at a different location if the motor vehicle blocks or impedes the normal movement of traffic, and prohibits individuals from entering such vehicles (Sec. 5).

• Prohibits undocumented immigrants from applying for work, soliciting work in a public place, or performing work as an employee or independent contractor (Sec. 5).

• Classifies the aforementioned violations as a Class 1 misdemeanor (Sec. 5).

• Prohibits individuals in violation of a criminal offense from doing any of the following (Sec. 5):
• Transporting, moving, or attempting to transport or move an undocumented immigrant in Arizona using a means of transportation if the individual knows or recklessly disregards the fact that the undocumented immigrant has come to, entered, or remains in the U.S. in violation of federal immigration law;
• Concealing, harboring, shielding, or attempting to conceal, harbor, or shield an undocumented immigrant from detection in any place in this state, including any building or means of transportation, if the individual knows or recklessly disregards the fact that the undocumented immigrant has come to, entered, or remains in the U.S. in violation of federal immigration law; or
• Encouraging or inducing an undocumented immigrant to come to or reside in Arizona if the individual knows or recklessly disregards the fact that such activity is or will be in violation of federal immigration law.

• Classifies the aforementioned violation as a Class 1 misdemeanor, and establishes a fine of at least $1,000, unless the violation involves 10 or more undocumented immigrants, then the individual is guilty of a Class 6 felony and is subject to a fine of at least $1000 for each undocumented immigrant involved (Sec. 5).

• Specifies that it is an affirmative defense to a violation of knowingly employing an undocumented immigrant that the employer was entrapped, and specifies that employer has the burden of proving the following to assert an entrapment defense (Secs. 6 & 7):
• The idea of committing the violation started with law enforcement officers or their agents rather than with the employer;
• The law enforcement officers or their agents urged and induced the employer to commit the violation; and
• The employer was not predisposed to commit the violation before the law enforcement officers or their agents urged and induced the employer to commit the violation.

• Requires employers to keep a record of the verification of employee eligibility via the federal e-verify program for the duration of the employee's employment or at least 3 years, whichever is longer (Sec. 8).

Full Bill Text