SALT LAKE CITY, Utah — In a move poised to reverse a three-year-old legislation, Utah lawmakers are contemplating a bill that would streamline the deportation process for undocumented immigrants convicted of low-level crimes. The proposed change targets a 2019 law that aimed to protect noncitizens from deportation after being convicted of a misdemeanor by reducing the maximum sentence for a class A misdemeanor from 365 to 364 days.
Under federal law, any undocumented immigrant receiving a sentence of at least one year can trigger deportation proceedings. The 2019 modification to the Utah criminal code was unanimously passed to prevent such outcomes for minor offenses. The law, initially intended to safeguard noncitizens from unduly harsh repercussions, gained widespread bipartisan support.
However, the new legislation, HB226, spearheaded by Rep. Candice Pierucci, R-Herriman, seeks to revert the maximum sentence for class A misdemeanors back to 365 days. This adjustment is part of a larger strategy to foster closer cooperation between Utah law enforcement and federal immigration authorities. Pierucci argued that extending the jail sentence to a full year would subsequently lead to a handover of undocumented individuals to U.S. Customs and Immigration Enforcement (ICE) after they serve their sentences.
Pierucci expressed concerns about the current system’s impact on undocumented individuals, stressing that the lack of legal work options under the present framework is inhumane and undermines the nation’s success.
Additionally, HB226 proposes restrictions on nonprofit organizations, prohibiting them from financially supporting the relocation of undocumented immigrants to Utah. Violations by these nonprofits could lead to dissolution by the Utah Attorney General’s Office, contingent on proving the organization knowingly transported undocumented people into the state.
Critics of the bill, however, argue that these changes could have severe societal and familial impacts. During a public meeting where HB226 received preliminary approval with a 9-1 vote by the House Law Enforcement and Criminal Justice Committee, several individuals voiced opposition. The main concern highlighted by opponents, like Mark Moffat from the Utah Defense Attorney Association, is the potential family disruptions, particularly when dealing with crimes borne out of necessity such as theft.
The state’s sole Democrat on the committee, Rep. Andrew Stoddard of Millcreek, cast the dissenting vote, arguing that not all class A misdemeanors warrant equal treatment and that the proposed blanket increase in sentencing would lead to significant unintended consequences.
Opponents also warn that this bill could exacerbate fears of interacting with law enforcement among immigrant communities, potentially deterring individuals from reporting crimes or cooperating with police due to fears of deportation for themselves or loved ones.
Despite the contention, HB226 is moving forward for consideration by the entire Utah House and, if passed, will face further review in the Senate before possibly reaching the governor’s desk.
The implications of this legislative change demonstrate a significant pivot in Utah’s stance on handling undocumented immigrants within its justice system. As the debate continues, the broader conversation on immigration policies and their impact on communities remains highly contentious across the state and nation.
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