SB1231

THE CONTEXT: Any unlawful immigrant must be fined and imprisoned for not more than six months, or for not more than 2 years for a subsequent offense involving: 1) entering or attempting to enter the United States at any time or place other than as designated by immigration officers; 2) eluding examination or inspection by immigration officers; or 3) attempting to enter or obtain entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact ( 8 U. S.

WHAT THE BILL DID: Makes it unlawful for a person who is an alien (unlawful immigrant) to enter Arizona from a foreign nation at any location other than a lawful port of entry. Outlines penalties for violations of illegally entering Arizona and provides immunity from civil liability and indemnification for state and local government officials, employees and contractors who enforce this prohibition.

WHY IT MATTERED: The practical reason for this bill was to make the public-safety rule for state crime clearer and more usable. It would make it unlawful for a person who is an unlawful immigrant to enter or attempt to enter Arizona directly from a foreign nation at any location other than a lawful port of entry, and would also outlines the following as affirmative defenses to illegal entry: a) the federal government has granted the defendant lawful presence in the United States or asylum under federal law; b) the defendant's conduct does not constitute a violation of improper entry by an alien under federal law; and c) the defendant was approved for benefits under the DACA program between June 15, 2012, and July 8,, rather than leave the current rule unchanged.