1-501. Eligibility for federal public benefits;
documentation; violation; classification; citizen suits; court costs
and attorney fees; definition
A. Notwithstanding any other state law and to the extent permitted by federal law,
any natural person who applies for a federal public benefit that is administered by this
state or a political subdivision of this state and that requires participants to be
citizens of the United States, legal residents of the United States or otherwise lawfully
present in the United States shall submit at least one of the following documents to the
entity that administers the federal public benefit demonstrating lawful presence in the
United States:
1. An Arizona driver license issued after 1996 or an Arizona nonoperating
identification license.
2. A birth certificate or delayed birth certificate issued in any state, territory
or possession of the United States.
3. A United States certificate of birth abroad.
4. A United States passport.
5. A foreign passport with a United States visa.
6. An I-94 form with a photograph.
7. A United States citizenship and immigration services employment authorization
document or refugee travel document.
8. A United States certificate of naturalization.
9. A United States certificate of citizenship.
10. A tribal certificate of Indian blood.
11. A tribal or bureau of Indian affairs affidavit of birth.
B. For the purposes of administering the Arizona health care cost containment
system, documentation of citizenship and legal residence shall conform with the
requirements of title XIX of the social security act.
C. To the extent permitted by federal law, an agency of this state or political
subdivision of this state may allow tribal members, the elderly and persons with
disabilities or incapacity of the mind or body to provide documentation as specified in
section 6036 of the federal deficit reduction act of 2005 (P.L. 109-171; 120 Stat. 81)
and related federal guidance in lieu of the documentation required by this section.
D. Any person who applies for federal public benefits shall sign a sworn affidavit
stating that the documents presented pursuant to subsection A of this section are true
under penalty of perjury.
E. Failure to report discovered violations of federal immigration law by an
employee of an agency of this state or a political subdivision of this state that
administers any federal public benefit is a class 2 misdemeanor. If that employee's
supervisor knew of the failure to report and failed to direct the employee to make the
report, the supervisor is guilty of a class 2 misdemeanor.
F. This section shall be enforced without regard to race, color, religion, sex,
age, disability or national origin.
G. Any person who is a resident of this state has standing in any court of record
to bring suit against any agent or agency of this state or its political subdivisions to
remedy any violation of any provision of this section, including an action for mandamus.
Courts shall give preference to actions brought under this section over other civil
actions or proceedings pending in the court.
H. 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.
I. For the purposes of this section, "federal public benefit" has the same meaning
prescribed in 8 United States Code section 1611.
|