Pared-down measure targeting criminal immigrants gets committee OK after earlier 'no' vote

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KEY TAKEAWAYS

A Utah bill meant to ease deportation of certain criminal immigrants received a favorable recommendation from a Senate committee.
The same committee voted against recommending the measure earlier this week, but Rep. Candice Pierucci changed some of its provisions in response to their concerns.
Critics say the bill, HB266, would augment the possibility of deportation for some immigrants here legally.

SALT LAKE CITY — A bill that takes aim at criminal immigrants here illegally lives on in pared-down form despite concerns of some that it could still augment the threat of deportation for some immigrants here lawfully.

The Senate Judiciary, Law Enforcement and Criminal Justice Committed voted 6-3 on Friday to favorably recommend HB226, meant to make it easier to deport criminal immigrants here illegally, and it now goes to the full Senate for consideration. The action reverses a 4-3 vote against favorably recommending the measure by committee members on Tuesday.

After last Tuesday's vote, Rep. Candice Pierucci, R-Herriman, cut a number of provisions from HB226 based on some of the concerns raised at the earlier hearing. Notably, she narrowed the list of class A misdemeanors now punishable by a year in jail — up a day from 364 days — to the most serious of offenses involving sexual abuse and assault, she said. The one-year period on the applicable offenses aligns with federal immigration policy, which allows for the deportation of immigrants sentenced to jail terms of at least 365 days, thus enlarging the pool of deportable immigrants, one of the main objectives of HB266.

Pierucci removed a provision that had boosted the term for certain drunk-driving offenses to a year, which would have aligned with federal deportation policy. She also axed a section that would have subjected nonprofit organizations that work with immigrants to fines if they were convicted of crimes related to transport of immigrants here illegally.

HB266 would partially reverse 2019 legislation that had reduced the maximum jail term on class A misdemeanors to 364 days, action taken at the time to temper the threat of deportation brought on by one-year sentences. But Sen. Brady Brammer, R-Pleasant Grove, who voted for a favorable recommendation, noted that public attitudes have shifted since then.

The number of deportations have declined in recent years, concerns about illegal immigration are up "and a lot of people are feeling pretty unsettled about it," he said. That lawmakers may shift course after six years given such change "should not be shocking to people."

Sen. Heidi Balderree, R-Saratoga Springs, praised the "very tailored" list of class A misdemeanors that would be subject to the one-year jail term. They include certain assaults against law enforcement officers, threatening violence against school employees or health care providers, stalking, child abuse, abuse of a vulnerable adult, negligent homicide, sexual abuse of a minor and more.

On the other side, Sen. Luz Escamilla, D-Salt Lake City, expressed concern that immigrants here legally — legal permanent residents, refugees, those with student visas and others — would face an increased deportation threat under HB266. She voted against the measure, noting that GOP lawmakers have said their target with HB266 and other bills up for debate this session aimed at illegal immigration is immigrants in Utah illegally.

Adding one day to the maximum sentence to the applicable class A misdemeanors to align with federal law creates "a completely different impact to lawfully present individuals," she said. "I'll be voting 'no' because this is not the audience that we've been discussing this whole time."

HB266 calls on Utah law enforcement authorities to reach out to federal immigration officials ahead of the release of those serving jail time for the class A misdemeanors punishable by up to a year in jail, among others, in a bid to assure they are deported. Pierucci said there's no way for state lawmakers to carve out an exception that would prevent deportation of immigrants here legally arrested for the class A misdemeanors that would be subject to the year jail term.

"And there is no way around that. I can tell you I've spent six months on this," she said. That limitation, though, is why she narrowed the list of applicable offenses.

Several attorneys testified Tuesday and Friday against HB266 because of the impact it could have on immigrants here legally. "This is a major issue where we're targeting a group who are here lawfully," said immigration attorney Adam Crayk.

HB266 received a favorable 62-9 vote in the Utah House on Feb. 12.

The Key Takeaways for this article were generated with the assistance of large language models and reviewed by our editorial team. The article, itself, is solely human-written.