KEY POINTS
  • Increasing Utah's sentence for class A misdemeanor by one day could make immigrants charged with marijuana possession or theft eligible for immediate deportation.
  • Rep. Pierucci's bill would require law enforcement to coordinate with ICE and would allow officials to disband nonprofits that transport unauthorized immigrants into Utah.
  • Utah sheriffs have long had a policy of notifying ICE about inmates that are in the country illegally.

State lawmakers gave initial approval to a bill that would reverse a law passed unanimously by the Legislature in 2019 that prevents the automatic deportation of immigrants convicted of class A misdemeanors.

The bill, HB226, advanced from the House Law Enforcement Committee with a favorable recommendation on Monday, following a debate over whether the legislation prioritized public safety or promoted Trump administration policy goals.

“Let me be clear, this is not a mass deportation bill,” Rep. Candice Pierucci, R-Riverton, told committee members.

Pierucci’s proposal fits into a broader package of law enforcement bills presented by House Republicans during a press conference a few weeks before the 2025 legislative session began.

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GOP lawmakers focused their messaging on addressing crimes associated with the surge in immigration that took place under the Biden administration by enhancing penalties for human trafficking, fentanyl distribution and identity theft.

Critics have framed the push as an effort to fast track President Donald Trump’s initiatives to remove all immigrants who entered the country illegally, beginning with those convicted for crimes.

House Majority Whip Karianne Lisonbee, R-Clearfield, has promised a bill that would expand Immigration and Customs Enforcement (ICE) detention space in the state. And Pierucci’s bill contains provisions to ensure that immigrants convicted of a crime are transferred to ICE possession.

“It’s important that we’re cracking down on crime and working hand-in-hand with President Trump’s administration in their efforts to secure the border,” Pierucci said.

Hyrum Gonzalez speaks in opposition to HB226 Criminal Amendments during a House Law Enforcement and Criminal Justice Standing Committee meeting in the House building in Salt Lake City on Monday, Feb. 3, 2025. | Kristin Murphy, Deseret News

Walking back a one-day change

The part of Pierucci’s bill that elicited the most opposition on Monday is the provision that increases the maximum sentence for class A misdemeanors from 364 days to 365 days.

Class A misdemeanors cover a number of crimes, including possession of large amounts of marijuana, theft and assault on a police officer.

In 2019, the Utah House and Senate unanimously passed HB244 which made the opposite change to state code, reducing a class A misdemeanor sentence from 365 days to 364.

The original intent of the 2019 law, according to floor sponsor Sen. Daniel Thatcher, R-West Valley City, was to ensure that class A misdemeanors in Utah did not fall under the federal definition of “aggravated felony,” which includes crimes with a sentence of 365 days or more.

The U.S. Immigration and Nationality Act states that any immigrant convicted of an “aggravated felony” is deportable without a court process.

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Pierucci has stated that the explicit intent of this provision in her bill is to increase the number of convicted criminals that ICE can easily pick up and deport.

“ICE has made it very clear in our discussions with them that they cannot deport someone who’s just served 364 days, but they will for 365, and so this bill will do just that,” Pierucci said at the press conference in early January.

Thatcher’s concern is that if the Legislature reverses the policy he and former Rep. Eric Hutchings, R-Kearns, introduced six years ago, the effect will be felt most strongly among immigrants with legal residency status.

By increasing the sentence for class A misdemeanors, including minor offenses, lawmakers are opening immigrants in Utah up to federal penalties without a legal hearing, Thatcher argued.

“If your concern is those who are not here lawfully, not here with documents, not here legally, this bill doesn’t change that,” Thatcher said. “So this bill would only impact lawful immigrants who committed misdemeanors by removing due process of a hearing.”

Sheriffs coordinating with ICE

Beyond changing the class A misdemeanor sentence, Pierucci’s bill would:

  • Allow Utah officials to dissolve a nonprofit organization if it is convicted of knowingly transporting unauthorized immigrants into the state.
  • Give judges the presumption that individuals are considered a flight risk for bail if they are not lawfully present in the country.
  • Require jail employees to submit the immigration status of an individual to a court as part of the probable cause statement.
  • Require law enforcement to coordinate with federal immigration authorities before releasing an immigrant charged with a class A misdemeanor or a felony.

County sheriffs across the state have long had the policy of notifying ICE when they arrest individuals who cannot be confirmed as U.S. citizens, according to Wasatch County Sheriff Jared Rigby, who spoke on behalf of the Utah Sheriffs’ Association.

“When it comes to our interactions with ICE, we’ve been doing almost all of these things that the bill entails,” Rigby told the Deseret News.

The Utah Department of Corrections also confirmed to the Deseret News that it is “essentially (their) practice already” to work with ICE before any unauthorized immigrant is released from Utah prisons.

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For high level offenses, Rigby said sheriffs notify ICE of immigration status but don’t request a transfer until after the individual has been convicted and has served their sentence.

For low level offenses, sheriffs notify ICE when an unauthorized immigrant is arrested, but under the Biden administration ICE almost never came to pick these individuals up, Rigby said.

During his time in office, ICE has taken possession of only around 20% of arrested unauthorized immigrants, according to Weber County Sheriff Ryan Arbon.

And of those who were arrested, a high percentage were released back into Utah neighborhoods, citing a lack of resources.

Pierucci hopes that her bill, codifying “best practices” and making misdemeanors more available to ICE, will put an end to this and continue the state’s trajectory toward what she sees as a more sensible approach to immigration law enforcement.

“Six years ago, it was very different, the conversation, and you’re seeing a lot of changes come into place that are kind of correcting the pendulum back to where we think it should be,” Pierucci said.

Rep. Andrew Stoddard raises his concerns about HB226 Criminal Amendments with the bill sponsor Rep. Candice Pierucci during a House Law Enforcement and Criminal Justice Standing Committee meeting in the House building in Salt Lake City on Monday, Feb. 3, 2025. | Kristin Murphy, Deseret News

Other immigration bills

The committee’s sole Democratic member in attendance, and several members of the public spoke against the bill on Monday, voicing concerns about how it would disproportionately impact one group of Utahns.

“It’s not about public safety, it’s about criminalizing and scapegoating immigrants,” said Arlyne Arteaga, a trauma therapist at Inclusive Minded.

Arteaga predicted the bill would shift police officers' focus to immigration status and would encourage racial profiling that could prevent witnesses from coming forward.

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A consensus of studies, Arteaga pointed out, have found that immigrants who entered the country illegally are significantly less likely to commit violent and drug crimes than native-born Americans.

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Rep. Andrew Stoddard, D-Sandy, supported the general intent of the bill to hold individuals accountable for their actions. But he said he believes the expansion of class A misdemeanor sentencing would create an environment where relatively small offenses could result in family separation.

“What it does is creates a whole wave of collateral consequences, that regardless of your belief on immigration and being here illegally, really can cause a lot of problems,” Stoddard said.

Other immigration-related bills this session include:

  • HB42 “English Learner Amendments” (Rep. Candice Pierucci, R-Riverton): This bill would make $500,000 available for schools that had a 75% increase in students learning English.
  • HB87 “Drug Trafficking Amendments” (Rep. Matthew Gwynn, R-Perry): This bill would enhance the criminal penalty for possession of 100 grams of fentanyl to a first-degree felony with prison time.
  • HB178 “Noncitizen Health Insurance Policies Amendments” (Rep. Neil Walter, R-St. George): This bill would remove alternative eligibility from noncitizens for the Utah Children’s Health Insurance Program.
  • HB183 “Noncitizen Restricted Person Amendments” (Rep. Trevor Lee, R-Layton): This bill would prohibit individuals seeking immigrant asylum from possessing, owning or purchasing a dangerous weapon.
  • HB211 “Enhanced Penalties Following Unlawful Reentry Amendments” (Rep. Colin Jack, R-St. George): This bill would enhance felony penalties for individuals already convicted of unlawful reentry into the country.
  • HB214 “Employer Verification Amendments” (Rep. Neil Walter, R-St. George): This bill would reduce the threshold at which companies must use an immigration status verification system from 150 employees to five.
  • SB90 “Unlawful Presence Criminal Enhancement Amendments” (Sen. Calvin Musselman, R-West Haven): This bill would enhance misdemeanor penalties for individuals already convicted of unlawful reentry into the country.
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