Committee gives SB 1088 due-pass after ACLU warns of broad immigration cooperation mandate
Summary
The Arizona House Government Committee gave Senate Bill 1088 a due-pass recommendation after brief debate and testimony from the ACLU of Arizona warning the bill would require blanket cooperation with federal immigration agencies and could invite private litigation.
The Arizona House Government Committee voted to give Senate Bill 1088 a due-pass recommendation after receiving testimony opposing the measure from the ACLU of Arizona.
The bill, as explained by committee staff, "requires the state, state agencies, counties, and municipalities, including independent contractors of such entities to comply with federal immigration laws and cooperate with certain federal agencies." The measure also "prescribes certain enforcement actions for noncompliance," staff said during the hearing.
No sponsor appeared. Noah Schram, testifying for the ACLU of Arizona, urged members to reject the bill, saying, "The ACLU of Arizona urges members to vote no on SB 10 88. This bill presents several serious concerns that threaten both individual rights and the proper functioning of state and local government." He told the committee the language could be read to require "categorical unconditional cooperation with DHS, CBP, and ICE from all political subdivisions in Arizona," a scope he described as "incredibly broad." Schram also warned the bill would allow "any legislator to compel the attorney general to investigate a potential violation of the law, and would also allow any person to bring a private right of action," which he said could encourage frivolous litigation.
Members asked whether the bill would affect schools; one lawmaker asked whether immigration officials could be given "carte blanche to enter schools or risk losing 10% of the funding." Schram replied that while federal authorities with a judicial warrant may enter, the state requirement could limit schools' ability to refuse ICE officers and thus "meaningfully change a lot" about how schools handle enforcement, with negative consequences for students, he said.
After the question period, the committee called the roll and returned the bill with a due-pass recommendation by a 4-to-3 vote.
Votes at a glance: SB 1088 — due pass recommendation; yeas 4, nays 3.
The bill will proceed to subsequent House steps; no sponsor-side presentation was made at this hearing.
