11-1051

11-1051. Cooperation and assistance in
enforcement of immigration laws; indemnification

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 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 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 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).

F. 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.

G. 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.

H. 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 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 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.

I. A court shall collect the civil penalty prescribed in subsection H 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.

J. 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.

K. 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.

L. 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.