Assigned to JUD                                                                                                                              FOR COMMITTEE

 

 

 

 

ARIZONA STATE SENATE

Forty-seventh Legislature, Second Regular Session

 

FACT SHEET FOR S.B. 1157

 

trespassing by illegal aliens

 

Purpose

 

            Establishes the crime of trespassing by illegal aliens.

 

Background

 

            Arizona law punishes the act of human smuggling, but it is silent on penalties against persons who have illegally entered the United States and enter or remain in Arizona.  Federal law provides that any alien who: 1) enters or attempts to enter the United States at any time or place other than as designated by immigration officers; 2) eludes examination or inspection by immigration officers; 3) attempts to enter or obtains entry to the United States by a willfully false or misleading representation or the willful concealment of a material fact is guilty of improper entry by an alien.  For the first commission of the offense, the person is fined, imprisoned up to 6 months, or both, and, for a subsequent offense, is fined, imprisoned up to 2 years, or both (8 U.S.C. § 1325).

 

            The Office of Detention and Removal (DRO) is a division of Immigration and Customs Enforcement (ICE) responsible for removing persons who have illegally entered the country. DRO transports these persons, manages them while in custody and waiting for their cases to be processed and removes them from the United States when ordered.

 

            ICE operates eight secure detention facilities called Service Processing Centers (SPCs), one of which is located in Florence, Arizona.  Additionally, ICE has seven contract detention facilities, uses state and local jails on a reimbursable detention day basis and has joint federal facilities with the Bureau of Prisons in Oakdale, Louisiana and Eloy, Arizona.

 

            There may be a fiscal impact associated with criminal prosecution and detention of persons who are accused and convicted of trespassing by illegal aliens.  According to the Department of Justice’s Bureau of Justice Statistics, in fiscal year 2003, there were 2,555 defendants in cases filed in federal court for violations of 8 U.S.C. § 1325.

 

Provisions

 

1.      Prohibits, as “trespassing by illegal aliens,” a person who is not a citizen of the United States and who has improperly entered the United States, from entering into or being on any public or private land in Arizona.

 

2.      Requires the arresting authority to fingerprint a person arrested for trespassing by illegal aliens.

 

3.      Permits the arresting authority, on a person’s first offense for trespassing by illegal aliens, to deport the person, to transfer the person to a federal agency with jurisdiction over the person, or refer the person for prosecution.

 

4.      Prescribes the following penalties for trespassing by illegal aliens:

  1. a class 6 felony for a first offense.
  2. a class 4 felony for a second or subsequent offense.
  3. a class 2 felony for any offense if the defendant also is in possession of a dangerous drug, a precursor chemical used to manufacturing methamphetamine, a deadly weapon, dangerous instrument, or property used for the purpose of committing an act of terrorism.

 

5.      Intends that that a person, who has once been deported or transferred to the federal agency with jurisdiction for a first offense of trespassing by illegal aliens, is referred for prosecution for a second or subsequent offense.

 

6.      Becomes effective on the general effective date.

 

Prepared by Senate Research

January 26, 2006

JE/ac