The proposed bill, HB2748, aims to strengthen Arizona's immigration enforcement by criminalizing unlawful entry into the state, classifying it as a class 1 misdemeanor, with repeat offenses escalating to a class 6 felony. It introduces specific affirmative defenses for individuals charged under this law, such as lawful presence granted by the federal government or DACA approval. Additionally, the bill prohibits law enforcement from arresting individuals for illegal entry on the premises of educational institutions, places of worship, or healthcare facilities. It also provides civil immunity and indemnification for state and local officials enforcing these laws, with caps on indemnification payments and a requirement for the Attorney General to seek reimbursement from the federal government for related costs.
Key differences from current law include the addition of legislative findings and a retroactivity provision, which are not present in existing statutes. The bill clarifies the legal framework for immigration enforcement in Arizona, emphasizing the state's authority in light of perceived federal inaction, while enhancing protections for officials involved in enforcement actions.
Statutes affected: Introduced Version: 12-827, 12-828, 12-829, 12-830, 13-603, 31-402, 31-403, 41-1750, 13-4295.05, 13-717, 13-4295.01, 13-4295.02, 13-4295.03, 13-4295.04, 36-437, 12-2291, 13-3897, 13-3898, 13-4295.06, 31-411, 13-1104, 13-1105, 13-704, 13-705, 13-105, 31-401
House Engrossed Version: 12-827, 12-828, 12-829, 12-830, 13-603, 31-402, 31-403, 41-200, 41-1750, 13-4295.05, 13-717, 13-4295.01, 13-4295.02, 13-4295.03, 13-4295.04, 36-437, 12-2291, 13-3897, 13-3898, 13-4295.06, 31-411, 13-1104, 13-1105, 13-704, 13-705, 13-105, 31-401