arizona immigration law in plain english

8/9/2019 Arizona Immigration Law in Plain English

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* ARIZONA IMMIGRATION/Bill 1070* Action

Section 1

INTENT

Arizona has a strong interest in enforcing federal immigration laws in the state. The

intent of this bill is to reduce the number of aliens from entering, living, and working in

Arizona illegally.

Section 2

ENFORCEMENT OF IMMIGRATION LAWS

Certain Arizona statutes are changed by adding this article B. It reads as follows:

No state or political subdivision of Arizona can create a policy that weakens federal law.

If a law enforcement agent is already in contact with someone for a legal purpose, and

reasonably suspects theyre an illegal alien, that agent can verify their status with the

federal government.


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An illegal alien, convicted of a crime in Arizona, will be turned over to US Immigration or

US Border Protection as soon as that person completes their sentence or pays fines.

If an illegal alien is in the custody of a law enforcement agent in Arizona, that agent can

transport the alien to a federal custody location.

An officer, without a warrant, can arrest someone if the officer reasonably believes the

person has committed a crime that qualifies for deportation.

Unless prohibited by federal law, law enforcement officials in Arizona can maintain and

share a persons immigration status information with any other federal, state or local

government for the following purposes:

To determine if they are entitled to public benefits, services or licenses

To verify a home address if the information is required as part of a civil or criminal case.

.


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To confirm a persons identity while detained.

To determine if the person is here illegally.

Someone can sue a state or local agency if it adopts a policy which limits the

enforcement of federal immigration laws to the full extent. If a judge agrees:

1. The person suing will be reimbursed court costs and attorney fees.2. The agency will pay between $1,000 and $5,000 in penalties for each day that the

policy continues after the court decision.

The court will forward the penalties to the Gang and Immigration Intelligence Team

Enforcement mission fund.

A law enforcement officer is protected against reasonable costs and expenses in a

lawsuit regarding alien matters, unless that officer acted in bad faith.


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This section will be put into effect consistent with federal laws, protecting andrespecting US citizens.

Section 3

TRESPASSING

In addition to any other charges, a person is guilty of trespassing if the person is both:

1. In Arizona, and2. In the United States illegally

An aliens status is determined by either:

1. An officer who is authorized by the federal government to verify status2. An officer communicating with US Immigration or US Border Protection

If convicted, the sentence will not be reduced or suspended. The alien wont be

released until the entire time is served.


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In addition to any other penalties, the person will pay jail costs as well as:

1. A minimum of $500 for the first violation2. Double the amount [$1,000 minimum] for the second violation

The penalties are given to the Department of Public Safety, to support The Gang and

Immigration Intelligence Team.

None of this applies to a person who is here legally.

The violations described in this section are charged as a Class 1 MISDEMEANOR.

However, these violations become a Class 3 MISDEMEANOR if the person possesses any

of the following:

a) Dangerous drugsb) Chemicals used to create methamphetaminesc) Deadly weaponsd) Property used in acts of terrorism


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This violation becomes a Class 4 FELONY if:

a) It is the aliens second conviction; orb) The alien was deported or voluntarily removed from the US within the previous

60 months

Section 4SMUGGLING

Its illegal for someone to smuggle human beings for profit.

This violation is a Class 4 FELONY

However, at times this violation will be a different class, such as:

1. If the smuggled person is under the age of 18 and without a parent, and aweapon is involved, its a Class 2 FELONY.

2. If the crime involves real or threatened physical force, and no chance for asuspended sentence or probation, its a Class 3 FELONY.


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Chapter 10 of this title doesnt apply to section C(1) above. [Title 13, Chapter 10 is PreparatoryOffenses, which states attempted acts come with lesser charges.]

Despite any other law, an officer can stop anyone driving if the officer reasonably

suspects a traffic law has been broken, and a smuggling violation.

Definitions for certain words used in this document:

1. Family member Parent, grandparent, sibling or other related by blood ormarriage to the second degree [second degree is grandparents, grandchildren, uncle, aunt,cousin, nephew, niece]

2. Procurement of transportation Helping with transportation in some way,including:

a. Travel arrangements or the transfer of moneyb. Providing items that help such as a weapon, vehicle, or false ID, or

arranging a drop house

3. Smuggling human beings means providing transportation, or anything needed tobring someone into the US who isnt a legal resident or citizen.


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Section 5

ILLEGAL HIRING AND PICKING UP FOR WORK

Its illegal for someone to stop their vehicle in an attempt to hire and take passengers to

another location for work, if the vehicle is in the way of traffic flow.

Its illegal for a person to get into a stopped vehicle in order to work in a different

location if the vehicle is in the way of traffic flow.

Its against the law in Arizona for illegal aliens to:

1. Apply for work2. Solicit someone for work in a public place3. Work as an employee4. Work as an independent contractor


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This violation is a Class 1 MISDEMEANOR.

The word solicit, as used here, means speaking or using gestures such as a nod that

suggests looking for employment.

Unauthorized Alien, as used here, means someone who doesnt have the legal righ t to

be in the US according to federal law.

Subsection

HARBORING OR SHIELDING ILLEGAL ALIENS

Its a crime in Arizona for someone to:

1. Transport an illegal alien2. Hide an illegal alien3. Encourage an illegal alien to live in Arizona


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Any vehicle used in these crimes will be impounded, or immobilized.

This is a Class 1 MISDEMEANOR, subject to a minimum of $1,000.

This is a Class 6 FELONY if it involves 10 or more illegal aliens, subject to $1,000 for each.

Section 6

EMPLOYING ILLEGAL ALIENS(Knowingly)

Its against the law to knowingly hire an illegal alien.

Its against the law to knowingly hire an illegal alien as an independent contractor.

Its against the law to knowingly hire someone who hires illegal aliens.


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The attorney general will provide a complaint form for alleged employment violations.

The person complaining isnt required to give their own social security number or have

the form notarized. The attorney general or county attorney will investigate the

employer.

If a complaint is made without the form, the attorney general or county attorney may or

may not investigate. This doesnt mean that acomplaint cant be made anonymously,

without submitting the form. No investigation will be made based solely on race, color,

or national origin. The complaint must be filed in the county where the violation occurs.Work authorization will be verified with the federal government.

Authorities in Arizona cant make the final determination as to whether the person is

employed illegally. It must be verified by the federal government.

A person who intentionally files a false claim is guilty of a Class 3 MISDEMEANOR.


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If its determined that the claim is not false:

1. The attorney general or county attorney will notify US Immigration2. They will also notify the local enforcement agency3. The attorney general will notify the county where the violation took place, if the

county attorney isnt aware of the complaint.

The case will be brought by the county attorney where the illegal alien worked, and only

if it happened after January 1, 2008.

The employer will be charged with a second violation if another illegal alien is hired after

the first case is filed.

Cases will be handled as quickly as possible.


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FIRST VIOLATION:

a. The court will make the employer terminate illegal aliens working there.b. The court will put the employer on probation for 3 years. During thistime, the employer must file quarterly reports in the county for each new

employee hired.

c. The employer will swear and put in writing that the employee wasterminated, and it wont happen again. This must happen within 3 daysof the court order. If not, all of the employers licenses involved in the

location where the illegal alien worked will be suspended. If no license is

required at the specific location where the illegal alien worked, the court

will suspend the employers general licenses for business until the

employer cooperates.


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d. The court may suspend these licenses for a maximum of 10 days. Alongwith the evidence given, the court may consider other things such as:

(i) The number of illegal aliens employed(ii) Any issues with the employer in the past(iii) The amount of damage caused by the offense(iv) If the employer tried to comply(v) How long it went on(vi) The role of the owners and officers of the company(vii) Any other facts the court wants to consider

SECOND VIOLATION:

The employers licenses will be permanently revoked at that location, or in general.

Its a first violation if its the first time it happened at a location, and not during the

employers probation for an earlier violation.

Its a second violation if it happens while the employer is still on probation for an earlier

violation.


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The attorney general will keep a record of all offenses and a database of the employers

with a first violation. All information will be posted on the internet on the attorney

generals website.

The court will rely on the federal governments authority to determine if someone is anillegal alien.

If the employer relied on the e-verify program, and it gave bad information on the

employees immigration status, the employer wont be held responsible.

The employer wont be held responsible if he or she followed government requirements,

and can prove it in court.


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An employer can claim the government trapped him or her. If thats the defense, the

following things must be shown:

1. The idea of hiring an illegal alien began with the undercover officer2. The undercover officer urged the employer to hire the illegal alien3. The employer didnt have an interest in hiring an illegal alien before being urged

to do so by the officer

The employer wasnt trapped if the officer only:

1. Created the opportunity2. Lied or hid their identity

Section 7

EMPLOYING ILLEGAL ALIENS

(Intentionally)

Its against the law for an employer to intentionally hire an illegal alien, even if using

contract labor.


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If the claim is proven to be true, the attorney general or county attorney will:

1. Notify US immigration2. Notify local law enforcement3. Tell the county attorney to bring a case against the employer if the complaint

was filed with the attorney general

The case will be brought by the county attorney where the illegal alien worked, and only

if it happened after January 1, 2008.

The employer will be charged with a second violation if another illegal alien is hired after

the first case is filed.

The court date will be scheduled as early as possible, and the case resolved quickly.


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FIRST VIOLATION:

(a)Termination of all illegal aliens the employer hired(b)The employer will be on 5 years probation, and must file quarterly reports in the

county for each new employee hired.

(c) Suspend all the employers licenses for a minimum of 10 days. The court willdecide how many days by considering the following things:

(i) The number of illegal aliens employed(ii) Any issues with the employer in the past(iii) The amount of damage caused by the offense(iv)

If the employer tried to comply(v) How long it went on

(vi) The role of the owners and officers of the company(vii) Any other facts the court wants to consider


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(d)Make the employer file a signed sworn document with the county attorneypromising all illegal aliens have been terminated and no more will beintentionally hired again in the state of Arizona. If the employer doesnt sign this

document within 3 days of the court order, all business licenses will be

suspended.

SECOND VIOLATION:

The employers licenses will be permanently revoked at that location, or in general.


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Its a first violation if its the first time it happened at a location, and not during the

employers probation for an earlier violation.

Its a second violation if it happens while the employer is still on probation for an earlier

violation.

The attorney general will keep records of all offenses, and a database of the employers

that have a first violation. All information will be posted on the internet on the attorney

generals website.

The court will rely on the federal governments authority as to whether someone is an

illegal alien.

If the employer relied on the e-verify program, and it gave bad information on the

employees immigration status, the employer wont be held responsible.


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The employer wont be held responsible if he or she complied with government

requirements, and can prove it in court.

An employer can claim the government trapped him or her. To prove it, the following

things must be shown:

1. The idea of hiring an illegal alien began with the undercover officer2. The undercover officer urged the employer to hire the illegal alien3. The employer didnt have an interest in hiring an illegal alien before being urged

to do so by the officer.

The employer wasnt trapped if the officer only:

1. Created the opportunity2. Lied or hid their identity


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Section 8VERIFICATION of EMPLOYMENT

Starting December 31, 2007, all employers will use the e-verify system to confirm the

status of anyone hired. They must keep the verification the entire time the employee

works there, or for 3 years, whichever is longer.

Any employer who applies for a government contract must register and participate in

the e-verify program, and show proof of registration. If the government organization

finds out the employer isnt registered, the employer will be notified of the finding andright to appeal. If its finally determined that the employer isnt registered and

participating in the program, the employer has to return any money already paid within

30 days.


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Definitions in this section:

Economic development incentive - Any grant, loan, or money based on performance

paid by a government entity and awarded after September 30, 2008.

Government entity State of Arizona, and any Arizona political subdivision that uses

tax revenues.

Every 3 months the attorney general will ask the US Homeland Security for a list of

employers in Arizona that are registered with e-verify. This list will appear on the

Arizona attorney generals website.

Section 9

REMOVAL OF VEHICLES


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An officer can have a vehicle impounded or immobilized if it is determined that the

person is driving the vehicle while:

1. Their license is suspended or revoked2. They have never gotten an Arizona license, and cant prove they have ever had a

license in another state. This does not apply to operating farm equipment.

3. The person is required to use an ignition interlock device [typically for alcoholviolations] and isnt using it. This doesnt apply if the person is driving an

employers vehicle or its a substantial emergency.

4. The person is committing a crime, such as intentionally moving an illegal alien

An officer can have a vehicle impounded or immobilized if he or she determines a

person is driving the vehicle and all of the following apply:


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1. The persons license isnt valid or has expired; or they never got a license andcant prove they have one in another state

2. The person hasnt followed the laws regarding financial responsibility in chapter9, article 4 [Title 28: Transportation: Mandatory Motor Vehicle Insurance]

3. The vehicle was involved in an accident with damages, injury, or death

Except for what is written in section D below, an officer can impound the vehicle or

make it immobile in some way if an arrest is made involving section 4-244 paragraph 34

[driver under the age of 21 has any alcohol in system at all] or section 28-1382 [extremely intoxicated]

or 28-1383 [intoxicated and driving without a valid license, with previous DUI convictions, or with apassenger under 15].

An officer wont do this if all of the following apply:

1. The officer finds out the vehicle is registered and insured2. The drivers spouse is a passenger3. The drivers spouse:

a. Has a valid drivers licenseb. Isnt impaired by drugs or above the legal alcohol limitc. Has not had any liquor at all if under the age of 21

4. The spouse tells the officer the spouse will drive the vehicle home or to safety5. The spouse does drive the vehicle home or to safety


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A vehicle will be impounded or immobilized for one of these violations for 30 days.

Insurance companies dont have to pay for any part of this.

If this does happen, the driver and anyone else with a recorded financial interest in the

vehicle can schedule a hearing with the court.

Section 10

GANG AND IMMIGRATION INTELLIGENCE TEAM ENFORCEMENT

The Gang and Immigration Intelligence Team Enforcement mission fund gets its money

through money set aside by legislature. The money is used for gang and immigration

enforcement, and county jail cost reimbursement relating to illegal immigration.

If any part of this act is determined to be invalid, it doesnt mean any other part, or all of

it is invalid.


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Immigration terms in this act mean the same as they do under federal law.

This act will be put into effect consistent with federal law, protecting and respecting the

rights of United States citizens.

This act may be referred to as the Support Our Law Enforcement and Safe

Neighborhoods Act.

END

arizona immigration law in plain english

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