The Capitol in Salt Lake City is pictured on Thursday, Feb. 6, 2025. (Photo by Spenser Heaps for Utah News Dispatch)
Lawmakers made changes to a much anticipated immigration bill on Wednesday aimed at making it easier to deport people convicted of misdemeanor offenses. Now, the bill will only focus on violent crimes.
Sponsored by Rep. Candice Pierucci, R-Herriman, HB226 originally increased the maximum penalty for all class A misdemeanors from 364 days to 365.
It might seem like an insignificant increase, but per federal law, if a non-citizen is convicted of a crime and spends one year incarcerated, it can begin deportation proceedings. Utah lawmakers in 2019 passed a law reducing the maximum sentencing for misdemeanor offenses by one day, in an attempt to protect non-citizens from being deported for simple, non-violent offenses.
Pierucci’s bill was an attempt to reverse course. But on Wednesday, she announced an amendment to her bill that would shift the focus to violent misdemeanor offenses.
Now, according to the amendment, the bill only increases the maximum penalty for “offenses against the individual” — that includes assault, stalking, threats against a school, child abuse, reckless endangerment and more. The enhancement is also applicable for driving under the influence and reckless driving.
But property crimes, shoplifting and other misdemeanors would no longer be a deportable offense.
“I’ve had a lot of discussions with members of our body and stakeholders, and I think this really targets the individuals and criminals who are committing violent crimes in a better way, without scooping up individuals who are in our country with a legal status,” said Pierucci on Wednesday.
In addition to the enhanced penalty, the bill also seeks to facilitate deportations in several other ways. It would:
- Direct local law enforcement to hand over immigrants to U.S. Immigration and Customs Enforcement, or ICE, after they serve one year in jail or prison, so their deportation proceedings can begin.
- Require judges to consider immigrants a flight risk during criminal proceedings.
- Restricts nonprofits from transporting undocumented people to Utah.
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