Arizona SB 1152: technical correction; employment of aliens

Bill Text

SB1152 - 572R - S Ver 

(Sections 
1-502 and 46-140.01 ─ failed to obtain the three-fourths 
vote pursuant to article IV, part 1, section 1, Constitution of Arizona.)

 Senate Engrossed

 immigration 
 verification; public benefits; asylum

 State of Arizona

 Senate

 Fifty-seventh Legislature

 Second Regular Session

 2026

 SENATE BILL 1152

AN 
ACT

amending sections 1-502 and 46-140.01, 
Arizona Revised Statutes; relating to immigration status.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it 
enacted by the Legislature of the State of Arizona:

Section 1. Subject 
to the requirements of article IV, part 1, section 1, Constitution of Arizona, 
section 1-502, Arizona Revised Statutes, is amended to read:

START_STATUTE1-502. Eligibility for state or local public 
benefits; documentation; violation; classification; citizen suits; court costs 
and attorney fees; definition

A. Notwithstanding 
any other state law and to the extent allowed by federal law, any agency of 
this state or a political subdivision of this state that administers any state 
or local public benefit shall require each natural person who applies for the 
state or local public benefit to submit at least one of the following documents 
to the entity that administers the state or local public benefit demonstrating 
lawful presence in the United States:

1. An Arizona driver 
license issued after 1996 or an Arizona nonoperating identification license.

2. A birth 
certificate or delayed birth certificate issued in any state, territory or 
possession of the United States.

3. A United States 
certificate of birth abroad.

4. A United States 
passport.

5. A foreign passport 
with a United States visa.

6. An I-94 form 
with a photograph.

7. A United States 
citizenship and immigration services employment authorization document or 
refugee travel document.

8. A United States 
certificate of naturalization.

9. A United States 
certificate of citizenship.

10. A tribal 
certificate of Indian blood.

11. A tribal or 
bureau of Indian affairs affidavit of birth.

B. For the purposes 
of administering the Arizona health care cost containment system, documentation 
of citizenship and legal residence shall conform with the requirements of title 
XIX of the social security act.

C. To the extent 
allowed by federal law, an agency of this state or political subdivision of 
this state may allow tribal members, the elderly and persons with disabilities 
or incapacity of the mind or body to provide documentation as specified in 
section 6036 of the federal deficit reduction act of 2005 (P.L. 109-171; 120 
Stat. 81) and related federal guidance in lieu of the documentation required by 
this section.

D. Any person who 
applies for state or local public benefits shall sign a sworn affidavit stating 
that the documents presented pursuant to subsection A of this section are true 
under penalty of perjury.

E. Failure to report 
discovered violations of federal immigration law by an employee of an agency of 
this state or a political subdivision of this state that administers any state 
or local public benefit is a class 2 misdemeanor. If that employee's 
supervisor knew of the failure to report and failed to direct the employee to 
make the report, the supervisor is guilty of a class 2 misdemeanor.

F. This section shall 
be enforced without regard to race, color, religion, sex, age, disability or 
national origin.

G. Any person who is 
a resident of this state has standing in any court of record to bring suit 
against any agent or agency of this state or its political subdivisions to 
remedy any violation of any provision of this section, including an action for 
mandamus. Courts shall give preference to actions brought under this 
section over other civil actions or proceedings pending in the court.

H. The court may 
award court costs and reasonable attorney fees to any person or any official or 
agency of this state or a county, city, town or other political subdivision of 
this state that prevails by an adjudication on the merits in a proceeding 
brought pursuant to this section.

I. A 
natural person who has a pending asylum application before an immigration court 
under 8 united states code section 1158 is ineligible to receive any state or 
local public benefit until an immigration judge issues an order granting 
asylum.

I. J. For 
the purposes of this section, "state or local public benefit" has the 
same meaning prescribed in 8 United States Code section 1621, except that it 
does not include commercial or professional licenses, postsecondary education, 
benefits provided by the public retirement systems and plans of this state or 
services widely available to the general population as a whole. END_STATUTE

Sec. 2. Subject 
to the requirements of article IV, part 1, section 1, Constitution of Arizona, 
section 46-140.01, Arizona Revised Statutes, is amended to read:

START_STATUTE46-140.01. Verifying applicants for public 
benefits; violation; cl