AZ ICE Act passes in state Senate, would require local cooperation to enforce immigration laws

(The Center Square) – Republican-backed legislation requiring state and local law enforcement in Arizona to cooperate with federal immigration authorities is now headed to the state House.

The Arizona Immigration, Cooperation and Enforcement Act passed Thursday in the Senate.

The GOP has majorities in both houses.

If passed by the legislature, the AZ ICE Act, or Senate Bill 1164, will go to Democratic Gov. Katie Hobbs, an advocate of cooperating with immigration authorities on border crimes, for her possible signature.

The AZ ICE Act prohibits state government entities from adopting or enforcing policies that block or restrict cooperation with federal immigration authorities.

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“Each law enforcement agency shall use its best efforts to support the enforcement of federal immigration laws,” according to the AZ ICE Act. The legislation requires all law enforcement agencies to enter into an agreement by Jan. 1, 2026, to cooperate with U.S. Immigration and Customs Enforcement. The bill also allows state, municipal and county agencies to enter into agreements with the U.S. Departments of Justice and Homeland Security.

The bill, which is supported by the Arizona Sheriffs’ Association, requires county sheriffs and the state Department of Corrections to comply with U.S. Immigration and Customs Enforcement’s requests to continue to detain illegal immigrants who are already in custody. Officials would be required to inform judges hearing criminal cases that suspects are in the U.S. illegally, unless suspects can prove their legal status.

Some Arizona cities such as Phoenix currently prohibit holding a person longer to verify immigration status, according to media reports.

But if cities, towns or counties fail to cooperate with federal authorities, SB 1164 gives lawmakers the power to file a complaint with Democratic Arizona Attorney General Kris Mayes. If Mayes’ office determines a state law was broken, cities and towns could lose state-shared revenues, according to Senate Republicans.

SB 1164 received support from all the Republicans in the Senate, said Senate President Warren Petersen, R-Queen Creek. Petersen sponsored the bill, which is co-sponsored by Sen. T.J. Shope, R-Coolidge. The legislation was introduced shortly after Republican President Donald Trump took office.

“Arizonans are looking to their leaders to protect them from the dangers of illegal immigration, and the state legislature is again answering the call,” Petersen said in a statement. “It is vital that Arizona law enforcement agencies are unleashed to join the Trump administration’s valiant efforts to secure our border and safeguard our communities.”

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“I’m hopeful that Gov. Hobbs is listening to her constituents and will sign this bill when it reaches her desk,” Petersen said.

Hobbs showed her willingness to cooperate with federal authorities Tuesday. She signed an executive order directing local and state law enforcement to work with the U.S. Immigration and Customs Enforcement on cracking down on smuggling and trafficking of drugs, weapons and people across the border.

The governor’s order created Operation Desert Guardian, a joint task force of local, state and federal law enforcement.

Meanwhile, SB 1164 will keep communities safer, said Yavapai County Sheriff David Rhodes, president of the Arizona Sheriffs’ Association.

Yavapai is one of three counties with jail enforcement agreements with federal immigration authorities. The others are La Paz and Pinal.

Democrats in the legislature warn the AZ ICE Act would result in racial profiling against immigrant communities.

Hundreds of protesters demonstrated against the bill Monday at the Arizona Capitol in Phoenix while it was being considered at a state Senate committee hearing. Protests have been going on for weeks, according to media reports.

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