HB 2821 Summary

• Creates new state crimes for illegal entry into Arizona from a foreign nation outside lawful ports of entry, classified as class 1 misdemeanor (class 6 felony for repeat offenders) and illegal reentry by deported aliens, classified as class 1 misdemeanor to class 2 felony depending on prior removal circumstances.

• Establishes civil and criminal immunity for state and local officials, employees, and contractors enforcing the new border crossing laws, with state indemnification for federal law claims up to specified limits and local government indemnification capped at $100,000 per person/$300,000 per occurrence for personal injury or death.

• Allows magistrates and judges to order aliens charged with illegal entry offenses to return to their country of origin as alternative to prosecution, with violation of such orders constituting a class 2 felony.

• Prohibits enforcement of the new laws on school campuses, churches, synagogues, and health care facilities.

• Requires law enforcement to report deportation orders to the state repository and prohibits courts from abating prosecution based on pending federal immigration status determinations.