Proposed Arizona Bill To Criminalize Illegal Immigration On State Level As "Trespassing," Allowing For Local Enforcement

A proposed Arizona bill would prohibit state, county or local public officials from adopting policies that limit full enforcement of federal immigration law, or creating what are known as "sanctuary cities." Republican State Senator Russell Pearce says his bill would erase "sanctuary policies" that restrain local police involvement in immigration enforcement. The bill would also require police to verify a person's immigration status if there's reasonable suspicion about someone's status. The bill would expand Arizona trespassing law to allow local authorities arrest people who sneak into the country illegally. It has already passed the AZ Senate.

The proposed bill reads in part:

"Cooperation and assistance in enforcement of immigration laws
A. No official, agency or personnel of this state or county, city or town of this state may adopt a policy that limits the enforcement of federal immigration laws to the full extent permitted by federal law. For any legitimate contact made by such officials, agencies or personnel where reasonable suspicion exists regarding the immigration status of a person, a reasonable attempt shall be made to determine the immigration status of the person. If the person who is arrested is an alien, the person's immigration status shall be verified with the federal government pursuant to 8 United States Code section 1373(c). If the person is an alien who is unlawfully present in the United States and this state or a local governmental entity elects not to prosecute the person for a violation of state or local law, the person shall be transferred to the custody of the United States immigration and customs enforcement or the United States customs and border protection. If an alien who is unlawfully present in the United States is acquitted of any violation of state or local law, is discharged from imprisonment or pays any fine imposed, the alien shall be transferred immediately to the custody of the United States immigration and customs enforcement.
B. Except as provided in federal law, officials, agencies or personnel of this state and counties, cities and towns 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. Determination of eligibility for any federal, state or local public benefit, service or license that is restricted in whole or in part on the basis of immigration status.
2. Verification of any claim of legal domicile if legal domicile is required by law or contract.
3. Confirmation of the identity of any person who is detained.
C. A person may bring an action in superior court to challenge any official, agency or personnel of this state or county, city or town of this state that adopts or implements a policy that limits the enforcement of federal immigration laws to the full extent permitted by federal law. If there is a judicial finding that an entity has violated this section, the court may order either of the following:
1. That the person who brought the action recover court costs and attorney fees.
2. That the entity pay a civil penalty not to exceed an amount equal to five thousand dollars for each day that the policy has remained in effect after it has been found to be in violation of this section. END_STATUTE

The bill would would also contain the following language:

"Trespassing by illegal aliens; assessment; classification
A. In addition to any violation of federal law, it is unlawful for a person who is a citizen of any country other than the United States to enter into or be on any public or private land in this state if, at the time of the commission of the offense, the person is in violation of 8 United States Code section 1325.
B. For a first offense, the arresting authority has discretion to transfer the person to the federal agency with jurisdiction or refer the person for prosecution.
C. A violation of this section is a class 1 misdemeanor, except that a second or subsequent violation is a class 4 felony. The person is not eligible for suspension or commutation of sentence or release on any basis until the sentence imposed is served.
D. In addition to any other penalty prescribed by law, the court shall order the person to pay jail costs and an additional assessment in the following amounts:
1. At least five hundred dollars for a first violation.
2. Twice the amount specified in paragraph 1 of this subsection if the person was previously subject to an assessment pursuant to this subsection.
E. A court shall collect the assessments prescribed in subsection D of this section and remit the assessments to the department of public safety, which shall establish a special subaccount for the monies in the account established for the gang and immigration intelligence team enforcement mission appropriation. Monies in the special subaccount are subject to legislative appropriation for distribution for gang and immigration enforcement and for county jail reimbursement costs relating to illegal immigration.
F. Notwithstanding subsection C of this section, if the person violates this section while in possession of any of the following, the violation is a class 2 felony:
1. A dangerous drug as defined in section 13-3401.
2. Precursor chemicals that are used in the manufacturing of methamphetamine in violation of section 13-3404.01.
3. A deadly weapon or a dangerous instrument, as defined in section 13-105.
4. Property that is used for the purpose of committing an act of terrorism as prescribed in section 13-2308.01."
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