PHOENIX (CN) — An Arizona House committee moved to support a bill requiring law enforcement to alert federal immigration agencies whenever an arrestee is not lawfully present in the country, sparking debate over constitutionality and safe community policing.
Democrats in opposition to Senate Bill 1055, sponsored by Flagstaff Republican Wendy Rogers, say the bill contradicts existing state statute. The bill would require local law enforcement to alert either U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection whenever an immigrant who is living in the U.S. without legal status is arrested.
Statute requires local law enforcement to determine the immigration status of a detainee only where there is already reasonable suspicion that the person is not a citizen. Determining that person’s legal status must not “hinder or obstruct an investigation."
Representing the American Civil Liberties Union of Arizona before the House Committee on Public Safety and Law Enforcement Monday afternoon, Harrison Redmond said the new legislation would require police to prolong every detainment to check a person’s status and could lead to arrests when no crime has otherwise been committed.
If a citizen is wrongfully detained by ICE, which happened nearly 200 times last year, Redmond said the cooperating agency would be subject to civil rights lawsuits.
Kimmy Dillon, representing the nonprofit America First Works of Arizona, said the risk is worth the reward.
“The historic challenge of a meaningful mass deportation requires cooperation at every level,” she said. “This ensures that no one who is here unlawfully can simply disappear back into our Arizona neighborhoods. Arizona has a choice. We can provide a roadmap for removal or a haven for lawlessness.”
Immigration enforcement is largely the responsibility of the federal government, not the states. Arizona has previously passed laws that give its police federal powers — Senate Bill 1070 was subject to costly litigation and partially struck down by the U.S. Supreme Court, and House Concurrent Resolution 2060 will be subject to a Fifth Circuit decision on Texas’ Senate Bill 4.
“Immigration enforcement is not our job,” Democratic Representative Quantá Crews said as she voted against the measure. “I don’t work for the federal government. They have all the resources they need to do whatever they need to do. I don’t think our law enforcement should work for free.”
She and Democratic Representative Aaron Márquez, both from Phoenix, said the reporting requirement would increase costs for already underfunded local police departments and require additional resources and training.
Representative John Gillette, a Republican from Kingman, said the bill wouldn’t conflict with federal immigration enforcement and would instead encourage a mere working relationship.
“All it is is a phone call,” he said of the requirement to report.
He added that allowing police to transfer arrested people directly to ICE would improve safety and reduce cost on the back end.
“They can be picked up in the jail, rather than later when they are released on the street, where it does turn into a fight,” he said.
Opponents say the bill would diminish safety by discouraging people from calling the police.
Elizabeth Costellanos, a member of the Navajo Nation, is a full-time caregiver for her severely mentally disabled son.
“When my son experiences psychosis, I have no choice but to call law enforcement,” she told the committee. “This bill would turn that call into a gamble of life or death.”
In January 2025, the Navajo Nation reported that more than a dozen of its members were detained by ICE despite obviously being U.S. citizens. Because many tribal members lack documents most commonly accepted as proof of citizenship, Costellanos said her community fears they will continue to be harassed by ICE.
“ICE has beaten, detained and even murdered American citizens,” she said. “Families like mine cannot risk our loved ones being caught in that kind of system during a mental health crisis. Arizona deserves leaders that fund health care, not untrained masked agents.”
Márquez added that immigrants, especially victims of sexual assault or domestic abuse, will think twice before calling police if ICE is on their tail.
“This means more crime goes unreported and unsolved,” he said. “You cannot police a community that fears you and this bill is antithetical to public safety.”
Committee members voted 8-6 in support of the measure along party lines. The bill will now go before the House for a full vote.
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