Bill would require checks of arrestees' immigration status and reports to federal agencies in Arizona

Law enforcement must try to determine immigration status and verify it with the federal government under 8 U.S.C. 1373(c). It covers people lawfully stopped, detained, or arrested by state and local law enforcement. The attempt need not be made if it may hinder or obstruct an investigation. Officials may not consider race, color, or national origin except as the U.S. or Arizona Constitution allows. A person is presumed not to be unlawfully present if they show a valid Arizona driver or nonoperating license, a tribal enrollment card or ID, or another valid government ID (if issuing the ID required proof of legal presence). A person who is arrested must have their status determined before release.

Law enforcement must notify federal immigration agencies and may securely transport an unlawfully present person in custody to federal custody. It covers aliens unlawfully present in the U.S. who are arrested or convicted of violating state or local law. Transport to a point outside Arizona requires judicial authorization. Notification on conviction occurs on discharge from imprisonment or when a monetary penalty is assessed. Notification must be immediate.

A legal resident of Arizona may sue in superior court. Courts must order a civil penalty and may award court costs and attorney fees to the winning side. It covers state and local officials and agencies that adopt or carry out policies limiting enforcement of federal immigration laws below what federal law allows. Penalties go to the state treasurer for the gang and immigration intelligence team enforcement mission fund. Officers are covered by their agency for costs and fees unless a court finds they acted in bad faith. Penalties accrue each day the policy remains in effect after the lawsuit is filed.