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Arizona's 2010 Immigration Act (view source)
Revision as of 23:38, May 30, 2010
, 23:38, May 30, 2010no edit summary
illegal aliens in the United States.” The following is a summary of the main provisions of the bill.
illegal aliens in the United States.” The following is a summary of the main provisions of the bill.
==== The summary ====
==== The summary of the main provisions of the bill ====
Declares attrition through enforcement to be the official policy of state and local
Declares attrition through enforcement to be the official policy of state and local
government agencies in Arizona. (§ 1, page 1).
government agencies in Arizona. (§ 1, page 1).
Prohibits local police agencies from adopting sanctuary-type policies that limit or restrict
Prohibits local police agencies from adopting sanctuary-type policies that limit or restrict
enforcement of federal immigration laws. (§ 2(A), page 1).
enforcement of federal immigration laws. (§ 2(A), page 1).
individuals who they reasonably suspect to be illegal aliens, and for all persons who are
individuals who they reasonably suspect to be illegal aliens, and for all persons who are
arrested. (§ 2(B), page 1).
arrested. (§ 2(B), page 1).
Provides that persons who present any federal, state or local identification documents
Provides that persons who present any federal, state or local identification documents
that require verification of lawful status (e.g., an Arizona driver’s license) when issued
that require verification of lawful status (e.g., an Arizona driver’s license) when issued
Authorizes law enforcement agencies to securely transfer verified illegal aliens into
Authorizes law enforcement agencies to securely transfer verified illegal aliens into
federal custody. (§ 2(D), page 2).
federal custody. (§ 2(D), page 2).
Prohibits state officials and agencies from imposing bans or restrictions on sending,
Prohibits state officials and agencies from imposing bans or restrictions on sending,
receiving, or maintaining information relating to an individual’s immigration status, or
receiving, or maintaining information relating to an individual’s immigration status, or
exchanging it with any other federal, state, or local governmental entity for these
exchanging it with any other federal, state, or local governmental entity for these
purposes (§ 2(E), page 2):
purposes (§ 2(E), page 2):
Determining eligibility for any public benefit, service, or license provided by the
state.
::Determining eligibility for any public benefit, service, or license provided by the
Verifying a claim of residence or domicile if such determination is mandated by
state of Arizona.
::Verifying a claim of residence or domicile if such determination is mandated by
law or judicial order.
law or judicial order.
Confirming the identity of any person who is detained.
::Confirming the identity of any person who is detained.
Determining whether an alien is in compliance with federal registration laws
Determining whether an alien is in compliance with federal registration laws
under the INA (Title II, Chapter 7).
under the INA (Title II, Chapter 7).
Allows legal residents of Arizona to sue if they feel a government agency adopts a policy
Allows legal residents of Arizona to sue if they feel a government agency adopts a policy
that limits or restricts the enforcement of federal immigration laws. (§ 2(G), page 2).
that limits or restricts the enforcement of federal immigration laws. (§ 2(G), page 2).
Mirrors federal alien registration laws; provides that illegal aliens who violate federal
Mirrors federal alien registration laws; provides that illegal aliens who violate federal
alien registration laws (8 U.S.C. 1304(e) and 8 U.S.C. 1306(a), which require aliens to
alien registration laws (8 U.S.C. 1304(e) and 8 U.S.C. 1306(a), which require aliens to
register and carry their documents with them at all times) are now subject to arrest and
register and carry their documents with them at all times) are now subject to arrest and
penalties under the Arizona criminal code. (§ 3, page 3 – 4).
penalties under the Arizona criminal code. (§ 3, page 3 – 4).
Prohibits people who are hiring and/or picking up day laborers, and day laborers
Prohibits people who are hiring and/or picking up day laborers, and day laborers
soliciting work, from impeding traffic. (§ 5, page 5 – 6).
soliciting work, from impeding traffic. (§ 5, page 5 – 6).
Prohibits illegal aliens without work authorization from applying for work, soliciting work
Prohibits illegal aliens without work authorization from applying for work, soliciting work
in a public place, or performing work in the state. (§ 5(C), page 5).
in a public place, or performing work in the state. (§ 5(C), page 5).
Makes it illegal to transport, harbor, or encourage illegal aliens to remain in the United
Makes it illegal to transport, harbor, or encourage illegal aliens to remain in the United
States if the driver knows or recklessly disregards that they are illegal (as under federal
States if the driver knows or recklessly disregards that they are illegal (as under federal
law). Provides exemptions for child care providers and first responders. (§ 5, page 6).
law). Provides exemptions for child care providers and first responders. (§ 5, page 6).
Authorizes law enforcement officers to arrest an individual without a warrant if they have
Authorizes law enforcement officers to arrest an individual without a warrant if they have
probable cause to believe the individual has committed any public offense that makes
probable cause to believe the individual has committed any public offense that makes
him/her removable from the U.S. (§ 6(A), page 6 – 7).
him/her removable from the U.S. (§ 6(A), page 6 – 7).
Requires employers to maintain a record of an employee’s E-Verify eligibility verification
Requires employers to maintain a record of an employee’s E-Verify eligibility verification
for either (a) the duration of employment or (b) at least three years. (§ 9(A), page 15).
for either (a) the duration of employment or (b) at least three years. (§ 9(A), page 15).
Authorizes the impoundment or forfeiture of vehicles driven by illegal aliens, or used to
Authorizes the impoundment or forfeiture of vehicles driven by illegal aliens, or used to
unlawfully transport them. (§ 10, page 15 - 16).
unlawfully transport them. (§ 10, page 15 - 16).
Establishes the Gang and Immigration Intelligence Team Enforcement Mission Fund to
Establishes the Gang and Immigration Intelligence Team Enforcement Mission Fund to
use fines and penalties for gang and immigration enforcement and for county jail
use fines and penalties for gang and immigration enforcement and for county jail