Senate President Warren Petersen, R-Gilbert, introduced a bill Tuesday that would require the county sheriff departments throughout the state and the Arizona Department of Corrections, Rehabilitation, and Reentry to collaborate with the federal government on immigration enforcement.
SB1164, dubbed the Arizona Immigration Cooperation and Enforcement Act (AZ ICE), calls for sheriff departments and the Department of Corrections, Rehabilitation, and Reentry to enter into 287(g) agreements with the federal government by Jan. 1, 2026.
This would allow law enforcement to identify and process those who enter the country illegally and are in custody for violating laws, according to a press release from Senate Republicans. The law would also call for law enforcement to comply with immigration detainer requests, which would prevent detainees from being released back on the streets.
“Ending the border crisis requires an all-hands-on-deck approach. This commonsense legislation will not only allow federal and local law enforcement to work together to protect our citizens, but it will also prevent government obstruction,” Petersen said in a prepared statement. “Arizona voters spoke loud and clear last November. They overwhelmingly approved the ‘Secure the Border Act’ that Republicans referred to the ballot because they want the law enforced, and they want safe communities. I look forward to the AZ ICE Act passing the Legislature, and I’m hopeful the Governor will listen to our citizens by signing the bill when it hits her desk.”
The 287(g) program allows state law enforcement agencies to perform functions of federal immigration officers “in relation to the investigation, apprehension, or detention of aliens in the United States” so long as it is consistent with local, state and federal law. Law enforcement jurisdictions must enter memoranda of understanding, with attestation in ink that local officers are adequately trained to enforce federal immigration laws.
Agreements between federal and state law enforcement come in two forms: a Jail Enforcement Model or a Warrant Service Officer. The Jail Enforcement Model allows officers the authority to interrogate any person detained “who the officer believes to be an alien about his or her right to remain in the United States,” as well as serve and execute warrants of arrest and of removal, prepare charging documents, and detain and transport those in custody.
And slightly more limited in scope, the Warrant Service Officer, allows ICE to train state and local law enforcement to execute warrants on noncitizens who have already been flagged by ICE as potentially removable.
Petersen said he doesn’t have any projections yet on how much it will cost to implement the law, but that shouldn’t stop the bill from reaching the governor’s desk. “We do have the resources and will make sure law enforcement has what it needs to enforce the law,” he said in a text message.
The Department of Corrections, Rehabilitation, and Reentry, and the La Paz County Sheriff’s Office, Pinal County Sheriff’s Office, Yavapai County Sheriff’s Office and the Mesa Police Department are already under a Jail Enforcement Model agreement with ICE. The La Paz County Sheriff’s Office has an active WSO agreement, as well.
The Maricopa County Sheriff’s Office was formerly involved in the 287(g) program, but the U.S. Department of Homeland Security opened an investigation into the program in 2009 following reports of Latino inmates being mistreated in Maricopa County jails.
DHS said the county, under Sheriff Joe Arpaio, was engaging in racial profiling and violating the civil rights of those held in custody.
After a three-year investigation, DHS ended its 287(g) agreement with Maricopa County jails in 2011.
The Maricopa County Sheriff’s Office confirmed Tuesday that the agency is still prohibited from enforcing any immigration laws due to a federal court order.
Capitol Times reporters Reagan Priest and Kiera Riley contributed to this report.
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