What Does Arizona Immigration Law Actually Say?
The controversial Arizona immigration law has been characterized with a range of favorable and unfavorable descriptions by all sides on the immigration debate in the United States. But what does the law actually say? Here is the text of the most controversial sections of the law regarding checks of immigration status. The full text can be read in the accompanying links.
David Dyar
Last updated on: May 25, 2010 8:00 PM
Excerpts from the text of a law enacted in Arizona governing law enforcement checks of suspected illegal immigrants that goes into effect in July.
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.
Source: Arizona Senate Bill 1070 as revised by Arizona House Bill 2162