13-1509

13-1509. Willful failure to complete or carry
an alien registration document; exception; authenticated
records; classification

A. In addition to any violation of federal law, a person is guilty of willful
failure to complete or carry an alien registration document if the person is in violation
of 8 United States Code section 1304(e) or 1306(a).

B. In the enforcement 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).

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 the enforcement of this section except to the extent permitted by the United States or
Arizona Constitution.

D. A person who is sentenced pursuant to this section is not eligible for
suspension of sentence, probation, pardon, commutation of sentence, or release from
confinement on any basis except as authorized by section 31-233, subsection A or B until
the sentence imposed by the court has been served or the person is eligible for release
pursuant to section 41-1604.07.

E. In addition to any other penalty prescribed by law, the court shall order the
person to pay jail costs.

F. This section does not apply to a person who maintains authorization from the
federal government to remain in the United States.

G. Any record that relates to the immigration status of a person is admissible in
any court without further foundation or testimony from a custodian of records if the
record is certified as authentic by the government agency that is responsible for
maintaining the record.

H. A violation of this section is a class 1 misdemeanor, except that the maximum
fine is one hundred dollars and for a first violation of this section the court shall not
sentence the person to more than twenty days in jail and for a second or subsequent
violation the court shall not sentence the person to more than thirty days in jail.