1. United States
2. Ariz.
3. Letter

I urge you to oppose SB 1338 when it comes before the Senate Government Committee on Wednesday. This bill creates an unjustifiable double standard in Arizona's approach to verifying lawful presence for public benefits. SB 1338, sponsored by Senator Wendy Rogers, establishes extensive documentation requirements for individuals seeking state or local public benefits. Applicants must provide documents such as Arizona driver licenses issued after 1996, birth certificates, or U.S. Citizenship and Immigration Services employment authorization documents. They must also sign sworn affidavits under penalty of perjury attesting to the authenticity of their documents. The bill even criminalizes state employees who fail to report suspected immigration violations, making such failures a class 2 misdemeanor. Yet Section I of this same bill explicitly exempts benefits provided by public retirement systems and plans from these verification requirements. This carve-out is inconsistent with the stated purpose of the legislation and creates an arbitrary distinction that undermines the bill's credibility. If the legislature believes lawful presence verification is necessary for healthcare through the Arizona Health Care Cost Containment System, for postsecondary education access, and for professional licenses, then the same standard should apply to public retirement benefits funded by Arizona taxpayers. The exemption appears designed to protect certain beneficiaries while subjecting others to burdensome documentation requirements and potential criminal penalties for administrative errors. This selective approach to immigration enforcement reveals that SB 1338 is not about consistent policy but about targeting specific populations while shielding others. Either lawful presence matters for all publicly funded benefits or it does not. The current version of this bill cannot be defended on principled grounds. I ask that you vote no on SB 1338 in committee and prevent this inconsistent legislation from advancing.