Roughly three dozen spectators gathered in the Utah State Legislature building Monday afternoon to attend House Law Enforcement and Criminal Justice Committee proceedings. On the docket were several bills concerning the sale of firearms, recodification of the child abuse registry and a bill that would increase prison sentences for undocumented immigrants.
HB226 contains two major provisions. The first would require county sheriffs to report individuals charged with a felony and suspected of being undocumented to federal immigration. Second, the bill would increase the maximum prison sentence for individuals convicted of Class A misdemeanors such as assault or specific drug crimes to 365 days.
365 days in prison is the legal threshold for U.S. Immigration and Customs Enforcement to deport undocumented individuals.
Immigration has been a consistent priority for both the federal and state administrations, with members of ICE spotted in Utah following President Trump’s inauguration.
Additionally, HB226 would dissolve non-profits that knowingly transported undocumented immigrants into Utah.
Rep. Candice Pierucci, R-Riverton introduced the bill and cited an influx of immigrants to her district of Harmon County. She attributed the increase of migrants to a rise in criminal activity.
A substituted version of the bill was introduced and read in the committee with the opportunity for public comments.
Representatives from the Utah Association of Criminal Defense Lawyers, ACLU Utah, MomsRising, Voices for Utah Children and private citizens took the opportunity to voice concerns about the bill.
Mark Moffat of the Utah Association of Criminal Defense Lawyers spoke against potential deportation for Class A misdemeanors. “These may be people who have been in our community for a very long time,” Moffat said. “[They] have children who were born here in the United States. They have families.”
ACLU Utah Legislative & Policy Counsel Ellie Menlove said HB226 undoes the unanimous actions of the 2019 Utah legislature, which lowered the sentencing maximum for Class A misdemeanors specifically to prevent automatic deportation proceedings. Menlove added the bill would create “harsh and permanent consequences for some minor offenses.”
Additional community members, many involved in social work, criticized the bill for increasing racial profiling, undermining trust in law enforcement and discouraging undocumented immigrants from reporting crimes.
Policy Analyst Thaiss Del Rio of Voices for Utah Children said the bill would place an “impossible burden” on local law enforcement. Sheriffs would need to confirm immigration status, a lengthy process often accompanied by Freedom of Information Act (FOIA) requests. She expressed concern that the time-consuming process could lead to an erosion of due process.
Despite the overwhelming amount of public comments against the legislation, HB226 received a favorable recommendation with a vote of nine for, one against and one absent. The dissenting vote came from Rep. Andrew Stoddard, D-Sandy, who said the bill would “create a whole wave of collateral consequences.”
The bill awaits debate on the House floor.
