There has been a great outcry in the press and on the internet about the terrible new anti-illegal immigrant law signed into law by Arizona Governor Jan Brewer on April 23, 2010. The sad reality is that very few people on both sides of the issue have actually read the new law, but their ignorance of the law does not stop them from making statements about it.
This post is part 1 of 5 posts that contain the entire text of Arizona Senate Bill 1070, (aka SB 1070) as as revised by House Bill 2162 (aka HB 2162) on April 30, 2010. The new illegal immigration law / anti-immigrant law becomes law on July 29, 2010. Deletions to text made by HB 2162 are show in red text that is lined out and new language is this color and underlined.
The other four posts found are here:
- “Text of Arizona’s Anti-Illegal Immigration Law – Part 2,” which contains the text of new ARS Section 13-1509 (as revised by House Bill 2162).
- “Text of Arizona’s Anti-Illegal Immigration Law – Part 3,” which contains the text of new ARS Sections 13-2319.E, 13-2928 (as revised by House Bill 2162) and 13-2929 (as revised by House Bill 2162).
- “Text of Arizona’s Anti-Illegal Immigration Law – Part 4” which contains the text of new ARS Sections 23-212, 23-212.01, 23-214, 28-3511 and 41-1274.
- “Text of Arizona’s Anti-Illegal Immigration Law – Part 5,” which contains the text of revised ARS Sections 1-501 & 1-502 made by House Bill 2162 and new Sections 7, 8 & 9 of House Bill 2162.
The first thing the new law does is require that all state and local agencies and personnel refrain from not enforcing EXISTING federal laws. A number of elected and non-elected Arizona government officials have made the decision without any legal basis to not enforce existing immigration laws. The question now becomes will these same people ignore the new Arizona law?
One of the most controversial provisions of the new law is the requirement that people must prove they are legally in the U.S. when asked by a police officer. For most people, they can prove legal status merely by showing the officer a valid Arizona driver’s license, a valid tribal enrollment card or other form of tribal identification, a valid Arizona nonoperating identification license or any valid United States federal, state or local government issued identification.
Text of New Arizona Revised Statutes Section 11-1051 (effective 90 days after the end of the current Arizona legislative session).
A. No official or agency of this state or a county, city, town or other political subdivision of this state may limit or restrict the enforcement of federal immigration laws to less than the full extent permitted by federal law.
B. For any lawful contact stop, detention or arrest made by a law enforcement official or a law enforcement agency of this state or a law enforcement official or a law enforcement agency of a county, city, town or other political subdivision of this state in the enforcement of any other law or ordinance of a county, city or town or this state where reasonable suspicion exists that the person is an alien who and is unlawfully present in the United States, a reasonable attempt shall be made, when practicable, to determine the immigration status of the person, except if the determination may hinder or obstruct an investigation. Any person who is arrested shall have the person’s immigration status determined before the person is released. The person’s immigration status shall be verified with the federal government pursuant to 8 United States code section 1373(c). A law enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not solely consider race, color or national origin in implementing the requirements of this subsection except to the extent permitted by the United States or Arizona Constitution. A person is presumed to not be an alien who is unlawfully present in the United States if the person provides to the law enforcement officer or agency any of the following:
1. A valid Arizona driver license.
2. A valid Arizona nonoperating identification license.
3. A valid tribal enrollment card or other form of tribal identification.
4. If the entity requires proof of legal presence in the United States before issuance, any valid United States federal, state or local government issued identification.
C. If an alien 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 United States immigration and customs enforcement or the United States customs and border protection shall be immediately notified.
D. Notwithstanding any other law, a law enforcement agency may securely transport an alien who the agency has received verification is unlawfully present in the united states and who is in the agency’s custody to a federal facility in this state or to any other point of transfer into federal custody that is outside the jurisdiction of the law enforcement agency. a law enforcement agency shall obtain judicial authorization before securely transporting an alien who is unlawfully present in the United States to a point of transfer that is outside of this state.
E. In the implementation of this section, an alien’s immigration status may be determined by:
1. A law enforcement officer who is authorized by the federal government to verify or ascertain an alien’s immigration status.
2. The United States immigration and customs enforcement or the United States customs and border protection pursuant to 8 United States Code section 1373(c).
FE. Except as provided in federal law, officials or agencies of this state and counties, cities, towns and other political subdivisions of this state may not be prohibited or in any way be restricted from sending, receiving or maintaining information relating to the immigration status, lawful or unlawful, of any individual or exchanging that information with any other federal, state or local governmental entity for the following official purposes:
1. Determining eligibility for any public benefit, service or license provided by any federal, state, local or other political subdivision of this state.
2. Verifying any claim of residence or domicile if determination of residence or domicile is required under the laws of this state or a judicial order issued pursuant to a civil or criminal proceeding in this state.
3. If the person is an alien, determining whether the person is in compliance with the federal registration laws prescribed by title II, chapter 7 of the federal immigration and Nationality act.
4. Pursuant to 8 United States Code section 1373 and 8 United States Code section 1644.
GF. This section does not implement, authorize or establish and shall not be construed to implement, authorize or establish the REAL ID act of 2005 (P.L. 109-13, division B; 119 Stat. 302), including the use of a radio frequency identification chip.
HG. A person who is a legal resident of this state may bring an action in superior court to challenge any official or agency of this state or a county, city, town or other political subdivision of this state that adopts or implements a policy or practice that limits or restricts the enforcement of federal immigration laws including 8 United States Code sections 1373 and 1644, to less than the full extent permitted by federal law. If there is a judicial finding that an entity has violated this section, the court shall order that the entity pay a civil penalty of not less than one thousand five hundred dollars and not more than five thousand dollars for each day that the policy has remained in effect after the filing of an action pursuant to this subsection.
IH. A court shall collect the civil penalty prescribed in subsection G of this section and remit the civil penalty to the state treasurer for deposit in the gang and immigration intelligence team enforcement mission fund established by section 41‑1724 [KEYTLaw Comment: This section is part of the new law and reads as follows: 41-1724. Gang and immigration intelligence team enforcement mission fund. The gang and immigration intelligence team enforcement mission fund is established consisting of monies deposited pursuant to section 11‑1051 and monies appropriated by the legislature. The department shall administer the fund. Monies in the fund are subject to legislative appropriation and shall be used for gang and immigration enforcement and for county jail reimbursement costs relating to illegal immigration.].
JI. The court may award court costs and reasonable attorney fees to any person or any official or agency of this state or a county, city, town or other political subdivision of this state that prevails by an adjudication on the merits in a proceeding brought pursuant to this section.
KJ. Except in relation to matters in which the officer is adjudged to have acted in bad faith, a law enforcement officer is indemnified by the law enforcement officer’s agency against reasonable costs and expenses, including attorney fees, incurred by the officer in connection with any action, suit or proceeding brought pursuant to this section in which the officer may be a defendant by reason of the officer being or having been a member of the law enforcement agency.
LK. This section shall be implemented in a manner consistent with federal laws regulating immigration, protecting the civil rights of all persons and respecting the privileges and immunities of United States citizens.