The legislation would override district ‘safe zone’ policies despite concerns about deterring students from education

Gloria Rebecca Gomez/Arizona Mirror. A protester holds a sign opposing the collaboration between local police and federal immigration officials at the state Capitol in Phoenix on February 10, 2025. Republican leaders have introduced a law, called the Arizona ICE Act, which would increase the spread of formal cooperation agreements between ICE and every law enforcement agency in the state.

Arizona Republicans aim to require public schools to cooperate with ICE agents, responding to a growing number of school officials who have implemented guidance or rules against such cooperation.

The state Senate gave preliminary approval on Wednesday to Senate Bill 1164, also known as the Arizona ICE Act. Immigrant rights advocates have condemned the bill, and every Democrat in the legislature opposes it because it encourages Arizona’s law enforcement agencies to deepen their relationships with federal immigration authorities, which could increase local police officers’ focus on detaining undocumented individuals.

Initially, the bill required police departments and sheriff’s offices across the state to make “best efforts” to assist in enforcing federal immigration laws, which alarmed pro-immigrant groups who feared it could enable mass deportations akin to those seen under Trump’s administration. However, this language was removed before the full Senate reviewed it on Wednesday.

Despite this change, a provision that prohibits any government entity from approving policies that limit cooperation with ICE remained in the bill. This provision, which restricts local leaders like city councils and school boards from protecting their communities, drew criticism from Democrats.

Sen. Catherine Miranda, D-Phoenix, pointed out that some Arizona schools are designating their campuses as safe zones after Trump’s executive order reversed a Biden-era policy that prevented ICE agents from taking enforcement actions in schools, churches, and hospitals.

Following the executive order, the Phoenix Union High School District board unanimously passed a resolution declaring its campuses as safe zones, banning anyone who could disrupt education from entering school grounds. Similarly, Tucson Unified School District reaffirmed its policy of not allowing ICE agents without a judicial warrant.

Legal experts explain that ICE often relies on administrative warrants, which don’t allow searches but only authorize arrests and seizures by a designated officer. School officials are required to comply with judicial warrants but have the discretion to determine whether they will cooperate with ICE agents who present only administrative warrants or other insufficient documents for entry.

Miranda questioned Senate President Warren Petersen, who sponsored the Arizona ICE Act, about whether his proposal would undermine such school policies. The bill could invalidate any policies adopted by school officials, including those like TUSD’s that align with current law.

The Republican from Gilbert responded that any policy obstructing federal immigration officers’ ability to perform their duties would be unlawful under the bill. He admitted uncertainty about ICE’s ability to enter schools without warrants but emphasized that he doesn’t foresee ICE targeting students.

“I don’t expect them to go into schools, but if schools are passing rules to block cooperation with ICE, then yes, that’s not allowed,” he said. “It’s unthinkable. We want schools, which are teaching our kids, to break laws?”

Petersen sought to refocus attention on the bill’s requirement for law enforcement agencies to comply with ICE detainers.

“This bill addresses the issue where cities put our immigration officials in danger by not honoring ICE detainers,” he said. “Instead of ICE picking up criminals who have broken state or federal laws, they’re being released back into the community.”

ICE detainers are written requests that local law enforcement agencies keep individuals suspected of being in the U.S. illegally in custody for up to 48 hours after their release to allow immigration officials to determine their eligibility for deportation, even if the person hasn’t been convicted of a crime.

Currently, law enforcement agencies can choose whether to comply with these requests or only honor those backed by judicial approval.

ICE detainers have gained political traction following the 2024 murder of Georgia nursing student Laken Riley. The suspect, Venezuelan immigrant Jose Ibarra, had been arrested previously but had no ICE detainer. This case has spurred Republican lawmakers to push for more cooperation between ICE and local law enforcement and for penalties against those who don’t comply with detainers.

Petersen’s bill empowers the Arizona attorney general to take law enforcement agencies that fail to comply to court and allows Arizona residents to trigger investigations into local police departments.

The Arizona ICE Act is expected to pass through the Republican-majority legislature and gain full support in the state Senate. However, Democrats remain unanimously opposed. Miranda expressed concern over its potential impact on undocumented students.

“I’m worried about how this will affect student attendance,” she said. “As a former educator, I believe no child should be deterred from an education due to fear of deportation. Schools should be safe spaces for families to come together and build community, not places tainted by deportation plans targeting vulnerable immigrant populations in Arizona.”

Other states have already seen the consequences of hostile immigration policies. School districts in New York, Chicago, Los Angeles, and Denver have reported declines in attendance as students stay home fearing deportation. In Texas, 11-year-old Jocelynn Rojo Carranza, who was bullied at school by classmates threatening to report her parents to ICE, tragically took her own life.

Though the Arizona ICE Act is likely to be approved by both chambers of the Republican-controlled state legislature, it is expected to be vetoed by Democratic Governor Katie Hobbs, who has been critical of anti-immigrant measures in the past.