SB 1164 — immigration laws; local enforcement

Fifty-seventhSenate LegislatureEngrossed Militaryimmigration Affairslaws; and Border Security First Regular Session S.B.

1164local PROPOSEDenforcement State of Arizona Senate Fifty-seventh Legislature First Regular Session SENATE AMENDMENTSBILL TO1164 S.B.AN ACT AMENDING TITLE 11, CHAPTER 7, ARTICLE 8, ARIZONA REVISED STATUTES, BY ADDING SECTIONS 11-1052, 11-1053, 11-1054 AND 11-1055;

1164RELATING (ReferenceTO toENFORCEMENT printedOF bill)IMMIGRATION AmendmentLAWS. instruction key:

[GREEN(TEXT UNDERLININGOF INBILL BRACKETS]BEGINS indicatesON textNEXT addedPAGE) to- statutei or- previouslyS.B. enacted session law.

[Green1164 underliningBe init brackets]enacted indicatesby textthe addedLegislature toof newthe sessionState lawof orArizona: text restoring existing law.

[GREEN STRIKEOUT IN BRACKETS] indicates new text removed from statute or previously enacted session law.

[Green strikeout in brackets] indicates text removed from existing statute, previously enacted session law or new session law.

<<Green carets>> indicate a section added to the bill.

<<Green strikeout in carets>> indicates a section removed from the bill.

The bill as proposed to be amended is reprinted as follows:

attorney general investigations;

EACH LAW ENFORCEMENT AGENCY SHALL USE ITS BEST EFFORTS TO SUPPORT THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.

THIS SECTION APPLIES TO A LAW ENFORCEMENT AGENCY OFFICIAL, REPRESENTATIVE, AGENT OR EMPLOYEE ONLY WHEN THE OFFICIAL, REPRESENTATIVE, AGENT OR EMPLOYEE IS ACTING WITHIN THE SCOPE OF THE PERSON'S OFFICIAL DUTIES OR WITHIN THE SCOPE OF THE PERSON'S EMPLOYMENT.

B.

[C.B.

ONAN OFFICIAL OR BEFOREAGENCY JANUARYOF 1,THIS 2026,STATE EACHOR LAWA ENFORCEMENTCITY, AGENCYTOWN, SHALLCOUNTY ENTEROR INTOOTHER APOLITICAL MEMORANDUMSUBDIVISION OF AGREEMENTTHIS WITHSTATE THEMAY UNITEDNOT STATESESTABLISH, IMMIGRATIONADOPT ANDOR CUSTOMSENFORCE ENFORCEMENTANY TOPOLICY, PARTICIPATEPATTERN INOR THEPRACTICE IMMIGRATIONTHAT PROGRAMPROHIBITS ESTABLISHEDOR UNDERRESTRICTS 8COOPERATION UNITEDWITH STATESFEDERAL CODEIMMIGRATION SECTIONAUTHORITIES 1357(g).IN THE ENFORCEMENT OF FEDERAL IMMIGRATION LAW.

THEC. TERMS OF THE AGREEMENT MUST SUPPORT THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS.

THEEXCEPT AGREEMENTAS ENTEREDPROVIDED INTOBY PURSUANTFEDERAL TOLAW, 8AN UNITEDOFFICIAL STATESOR CODEAGENCY SECTIONOF 1357(g)THIS STATE OR A SIMILARCOUNTY, FEDERALCITY, PROGRAMTOWN SHALLOR DOOTHER ALLPOLITICAL SUBDIVISION OF THIS STATE MAY NOT BE 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 FOLLOWING:ENFORCEMENT OF STATE AND FEDERAL IMMIGRATION LAWS.

1.

BE ENTERED INTO IN ACCORDANCE WITH FEDERAL LAW.

2.

INCLUDE PARTICIPATION BY THE LAW ENFORCEMENT AGENCY IN ALL APPLICABLE PROGRAMS THAT ARE AVAILABLE.

Senate Amendments to S.B.

1164 3.

ALLOW FOR THE ENFORCEMENT OF FEDERAL IMMIGRATION LAWS TO THE FULL EXTENT ALLOWED UNDER FEDERAL LAW.

WHEN AREASONABLY LAWPOSSIBLE, ENFORCEMENTAPPLICABLE AGENCYSTATE ENTERSAGENCIES INTOSHALL ACONSIDER MEMORANDUMINCENTIVE OFPROGRAMS AGREEMENTAND PURSUANTGRANT TOFUNDING SUBSECTIONFOR CTHE PURPOSE OF THISASSISTING SECTION,AND WRITTENENCOURAGING NOTICEAN OFOFFICIAL THEOR MEMORANDUMAGENCY OF AGREEMENTTHIS SHALLSTATE BEOR SUBMITTEDA WITHINCOUNTY, THIRTYCITY, DAYSTOWN AFTEROR EXECUTIONOTHER TOPOLITICAL THESUBDIVISION GOVERNOR,OF THETHIS ATTORNEYSTATE GENERAL,TO THEENTER SECRETARYINTO OFAGREEMENTS STATE,WITH THEFEDERAL SPEAKERENTITIES OFAND THETO HOUSEUSE OFFEDERAL REPRESENTATIVESRESOURCES ANDCONSISTENT THEWITH PRESIDENTTHIS OFSECTION. THE SENATE.

ANY RENEWAL, MODIFICATION OR TERMINATION OF A MEMORANDUM OF AGREEMENT SHALL BE REPORTED TO THE GOVERNOR, THE ATTORNEY GENERAL, THE SECRETARY OF STATE, THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE WITHIN THIRTY DAYS OF THE RENEWAL, MODIFICATION OR TERMINATION.

ONTHIS SECTION OR BEFOREANY OCTOBER 1, 2025 AND CONTINUING QUARTERLY UNTIL THE LAW ENFORCEMENT AGENCY ENTERS INTO THE MEMORANDUM OF AGREEMENT REQUIREDAUTHORIZED PURSUANTBY TOTHIS SUBSECTIONSECTION CDOES OFNOT THISPREVENT SECTION,ANY EACH LAW ENFORCEMENT AGENCYAGENCY, SHALLCOUNTY, NOTIFYCITY, THETOWN GOVERNOR,OR THEOTHER ATTORNEYPOLITICAL GENERAL,SUBDIVISION THE SPEAKER OF THETHIS HOUSESTATE OFFROM REPRESENTATIVESENFORCING ANDIMMIGRATION THELAWS PRESIDENTAS OFAUTHORIZED THEPURSUANT SENATETO OFFEDERAL THELAWS STATUS OF THE WRITTEN AGREEMENT AND THE REASONSLAWS FOROF NONCOMPLIANCE WITH THIS SECTION.STATE.

AIN LAWADDITION ENFORCEMENTTO AGENCYANY SHALLOTHER ENSURECAUSES THATOF ATACTION LEASTOR TENREMEDIES PERCENTAVAILABLE OFTO THE LAWATTORNEY ENFORCEMENTGENERAL, OFFICERSA EMPLOYEDCOUNTY BYATTORNEY OR ANY OTHER PARTY WITH STANDING, AT THE LAWWRITTEN ENFORCEMENTREQUEST AGENCYOF AREA TRAINEDMEMBER INOF ACCORDANCETHE WITHLEGISLATURE, THE TERMSATTORNEY GENERAL SHALL INVESTIGATE ANY ORDINANCE, REGULATION, ORDER, POLICY, PATTERN OR PRACTICE OF A CITY, TOWN OR COUNTY OR ANY MEMORANDUMAGENCY, DEPARTMENT OR OTHER ENTITY OF AGREEMENTA ENTEREDCITY, INTOTOWN WITHOR COUNTY THAT THE UNITEDMEMBER STATESOF IMMIGRATIONTHE ANDLEGISLATURE CUSTOMSALLEGES ENFORCEMENTVIOLATES PURSUANTSUBSECTION TOB OF THIS SECTION.

THE ATTORNEY GENERAL SHALL HAVE THE SAME INVESTIGATIVE POWERS PROVIDED IN SECTION 38-431.06, SUBSECTION B AND MAY FILE AN ACTION IN SUPERIOR COURT TO ENFORCE COMPLIANCE WITH ANY INVESTIGATIVE REQUEST OR DEMAND.

AN ACTION FILED BY THE ATTORNEY GENERAL PURSUANT TO THIS SUBSECTION SHALL BE GIVEN - 1 - S.B.

1164 PRECEDENCE OVER ALL OTHER CASES.

WITHIN THIRTY 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, THE ATTORNEY GENERAL SHALL MAKE A WRITTEN REPORT PURSUANT TO SECTION 41-194.01, SUBSECTION B AND SHALL FOLLOW THE PROCEDURES OF SECTION 41-194.01, SUBSECTION B FOR ANY VIOLATION OR POTENTIAL VIOLATION.

ONFOR OR BEFORE JANUARY 31 OF EACH YEAR, EACH LAW ENFORCEMENT AGENCY SHALL SUBMIT A REPORT TO THE GOVERNOR,PURPOSES THE ATTORNEY GENERAL, THE SECRETARY OF STATE,THIS THESECTION: SPEAKER OF THE HOUSE OF REPRESENTATIVES AND THE PRESIDENT OF THE SENATE THAT IDENTIFIES BOTH OF THE FOLLOWING:

THE NUMBER OF LAW ENFORCEMENT OFFICERS ELIGIBLE FOR TRAINING PURSUANT TO SUBSECTION F OF THIS SECTION DURING THE PREVIOUS CALENDAR YEAR.

2.

THE NUMBER OF LAW ENFORCEMENT OFFICERS TRAINED PURSUANT TO SUBSECTION F OF THIS SECTION DURING THE PREVIOUS CALENDAR YEAR.] [C.

AN OFFICIAL OR AGENCY OF THIS STATE OR A CITY, TOWN, COUNTY OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY NOT ESTABLISH, ADOPT OR ENFORCE ANY POLICY, PATTERN OR PRACTICE THAT PROHIBITS OR RESTRICTS COOPERATION WITH FEDERAL IMMIGRATION AUTHORITIES IN THE ENFORCEMENT OF FEDERAL IMMIGRATION LAW.] [H.] [D.] EXCEPT AS PROVIDED BY FEDERAL LAW, AN OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE MAY NOT BE 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.

[I.] [E.] WHEN REASONABLY POSSIBLE, APPLICABLE STATE AGENCIES SHALL CONSIDER INCENTIVE PROGRAMS AND GRANT FUNDING FOR THE PURPOSE OF ASSISTING AND ENCOURAGING AN OFFICIAL OR AGENCY OF THIS STATE OR A COUNTY, -2- Senate Amendments to S.B.

1164 CITY, TOWN OR OTHER POLITICAL SUBDIVISION OF THIS STATE TO ENTER INTO AGREEMENTS WITH FEDERAL ENTITIES AND TO USE FEDERAL RESOURCES CONSISTENT WITH THIS SECTION.