Committee advances bill to bar probation for unlawfully present convicted persons and require ICE notification

The committee voted to advance Senate Bill 12‑13 as amended, a measure that deems persons unlawfully present in the U.S. who are convicted of state or local offenses ineligible for probation, and requires immediate notification to U.S. Immigration and Customs Enforcement (ICE) by the convicting court or the agency that discharges the person.

Sponsor Senator Schamp said the bill responds to cases in which noncitizens convicted of serious crimes were placed on probation. ‘‘This bill clarifies and strengthens Arizona coordination with federal immigration authorities when an individual who is unlawfully present in The United States is convicted of a state or local crime,’’ she said. A seven‑page amendment in the sponsor’s name removed U.S. Customs and Border Protection from specified notification requirements to avoid confusion and clarified ICE as the primary federal recipient.

Opponents raised constitutional objections, citing the Fourteenth Amendment’s due‑process and equal‑protection guarantees and warning of racial profiling and disparate treatment. Several senators said they believed the measure would face legal challenges if it advanced to the floor. Sponsor supporters defended the bill as targeting convicted offenders, not unadjudicated persons, and said due process protections (appointment of counsel and trial) remain intact.

After adopting the amendment, the committee recorded a do‑pass recommendation on SB 12‑13, 4 ayes and 3 nos. The bill will proceed to the Senate floor, where further legal arguments are likely to be developed.