Republicans say a bill requiring local law enforcement to report immigration arrests to federal agencies would increase public safety by reducing the number of arrests ICE must make on the street.
PHOENIX (CN) – An Arizona House committee moved to support a bill that would require law enforcement to notify federal immigration agencies whenever an arrestee is not legally present in the country, sparking debate over constitutionality and safe community policing.
Democrats in opposition to Senate Bill 1055sponsored by Flagstaff Republican Wendy Rogers, says the law conflicts with existing state statute. The bill would require domestic law enforcement to notify either U.S. Immigration and Customs Enforcement or U.S. Customs and Border Protection whenever an immigrant living in the U.S. without legal status is arrested.
Statute requires local law enforcement to determine a detainee’s immigration status only when there is a reasonable suspicion that the person is not a citizen. Determining that person’s legal status must not “impede or obstruct an investigation.”
Representing the American Civil Liberties Union of Arizona before the House Committee on Public Safety and Law Enforcement on Monday afternoon, Harrison Redman said the new legislation would require police to extend any stop to check a person’s status and could lead to arrests when no crime has been committed.
If a citizen is wrong arrested by ICEthat happened nearly 200 times last year, Redman said the cooperating agency would be subject to civil rights lawsuits.
Kimmy Dillon, who represents the nonprofit America First Works of Arizona, said the risk is worth the reward.
“The historic challenge of a significant mass deportation requires cooperation at every level,” she said. “This ensures that no one who is here illegally can simply disappear back into our Arizona neighborhoods. Arizona has a choice. We can provide a pathway to removal or a haven for illegality.”
Immigration enforcement is primarily the responsibility of the federal government, not the states. Arizona has previously passed laws giving its police federal powers— Senate Bill 1070 underwent costly litigation and was partially overturned by the US 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 everything they need to do. I don’t think our law enforcement should be running for free.”
She and Democratic Rep. Aaron Márquez, both of Phoenix, said the reporting requirement would increase costs for already underfunded local police departments and require additional resources and training.
Representative John Gillette, a Kingman Republican, said the bill would not run afoul of federal immigration enforcement and would instead encourage a simple employment relationship.
“It’s all a phone call,” he said of the request to report.
He added that allowing police to transfer arrestees directly to ICE would improve security and reduce the cost on the back end.
“They can be taken to jail, and not later when they’re released on the street, where it turns into a fight,” he said.
Opponents say the law will reduce safety by discouraging people from calling the police.
Elizabeth Costellanos, a member of the Navajo Nation, is a full-time caregiver for her son with severe mental disabilities.
“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 life-or-death gamble.”
In January 2025, the Navajo Nation reported that more than a dozen of its members were arrested by ICE obviously object to being American citizens. Because many tribal members lack the documents typically accepted as proof of citizenship, Costellanos said her community fears they will continue to be harassed by ICE.
“ICE has beaten, arrested and even killed American citizens,” she said. “Families like mine cannot risk our loved ones being caught up in that kind of system during a mental health crisis. Arizona deserves leaders who fund health care, not untrained undercover agents.”
Marques added that immigrants, especially victims of sexual assault or domestic abuse, will think twice before calling the police if ICE is on their tail.
“This means more crimes go unreported and unsolved,” he said. “You can’t police a community that fears you, and this bill is against public safety.”
Committee members voted 8-6 in support of the measure along party lines. The bill will now go to the House for a full vote.
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