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Utah Law Change Increases Deportation Risks for Undocumented Immigrants

By Kevin ThompsonMay 8, 2025
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SALT LAKE CITY, UTAH — A significant change to Utah’s criminal justice system has gone into effect, potentially increasing the risk of deportation for undocumented immigrants convicted of certain misdemeanors.

House Bill 226, sponsored by Rep. Candice Pierucci, officially took effect on May 7, 2025. The law raises the maximum jail sentence for class A misdemeanors from 364 days to 365 days. While this increase might seem minor, it has major implications under federal immigration law, which mandates deportation proceedings for noncitizens who are sentenced to one year or more in jail.

Utah’s previous law, passed in 2019, intentionally capped jail sentences at 364 days in order to prevent undocumented immigrants from triggering the federal deportation threshold. By limiting sentences to just under a year, the law kept many low-level offenders from being deported.

However, the new law removes this cap, potentially exposing undocumented individuals convicted of class A misdemeanors to deportation.

“This change will significantly impact undocumented immigrants, particularly those convicted of less severe crimes,” said Rep. Pierucci in a statement following the bill’s passage.

The bill also introduces expanded coordination between local law enforcement and U.S. Immigration and Customs Enforcement (ICE). Under the new law, county sheriffs are now required to notify ICE when preparing to release individuals convicted of certain class A misdemeanors, including offenses such as assault, stalking, sexual abuse of a child, and violations of protective orders.

The law’s sponsors argue that it will strengthen public safety by enhancing communication between local authorities and federal immigration officials, but it has also drawn significant opposition from critics who argue that it may lead to deportations for nonviolent offenders.

Sen. Dan McCay, who sponsored the bill in the state Senate, defended the change, stating, “In 2019, we asked ICE why Utah had become a hotspot for illegal immigration. Their response was that this cap on sentences was allowing many undocumented individuals to avoid deportation after committing crimes.”

However, some lawmakers remain opposed to the change. Sen. Daniel Thatcher, who co-sponsored the original 2019 law aimed at reducing deportations for nonviolent offenders, voted against HB 226. Thatcher was joined in his opposition by several Senate Democrats, who expressed concerns about the potential impact on immigrant families and the state’s relationships with vulnerable populations.

“This new law risks separating families and sending people back to countries where they may face violence or instability,” Sen. Thatcher said after the vote.

While the law does not require judges to impose longer sentences, it grants them the discretion to do so, meaning individuals convicted of misdemeanors may now face jail terms long enough to trigger deportation. Critics argue this will disproportionately affect immigrant communities, especially those without legal status.

The repeal of the 364-day cap is expected to have a broad impact on undocumented immigrants living in Utah, with advocates for immigrant rights already expressing concern that it could lead to an increase in deportations. As the law continues to be implemented, its effects on both the state’s criminal justice system and its immigrant population will likely remain a point of contention.

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Kevin Thompson

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