The proposed bill, HB2821, aims to criminalize unlawful entry into Arizona by aliens, specifying that entry must occur only at lawful ports of entry. It establishes penalties for illegal entry, categorizing it as a class 1 misdemeanor, escalating to a class 6 felony for repeat offenders and a class 3 felony for certain aggravating circumstances. The bill also allows for affirmative defenses for those charged, such as lawful presence granted by the federal government or DACA approval during a specified timeframe.
Additionally, the bill provides civil immunity and indemnification for state and local officials involved in enforcing these laws, protecting them from civil liability, with specific limits on indemnification payments. It introduces new criminal offenses related to illegal entry, outlines procedures for magistrates to issue return orders for individuals, and emphasizes the bill's emergency status for immediate implementation to ensure public safety. Overall, the bill significantly enhances penalties and legal protections for officials while establishing new enforcement mechanisms for illegal immigration.
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, 41-1750, 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