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HB 2121
HB 2121: immigration; prohibited acts; civil action
(Click for bill language and additional information)

Sponsor: Rep. Thorpe

Summary: This bill requires that cities and towns as well as state agencies, counties, and political subdivisions of Arizona may not be prohibited from doing any of the following: 1) complying with an immigration detainer, which includes requiring the U.S. Department of Homeland Security to obtain a warrant or have probable cause before complying with a detainer, administrative warrant or other request; 2) providing a Federal immigration official with access to an inmate for an interview; 3) initiating an immigration status investigation; or 4) providing a federal immigration official with the incarceration status or release date of an inmate who is in custody. This bill also makes cities and towns liable for damages to any person who is injured by the acts or omissions of an unlawful alien or to the personal representative of a person killed by an unlawful alien. This bill requires that every person who holds a public office or who has official duties as a representative, agent or employee of a city or town of Arizona have a duty to report any violations of this law.

League Position: OPPOSE - The League opposes requiring local law enforcement agencies to hold individuals on immigration detainers without a warrant or probable cause as well as holding law enforcement and municipal officials liable for the future actions of individuals after their release.

UPDATES

1/24/2017: The bill passed out of House Federalism, Property Rights, and Public Policy by a vote of 6-2-0-1. The bill now proceeds to the Rules Committee.

2/23/2017: HB2121 passed the House Cow.