76-14 - Offenses Related to Immigration Status
Title 76 > 76-14
Sections (10)
General Provisions
76-14-101 - Definitions.
Enacted by Chapter 173, 2025 General Session
Offenses Related to Immigration Status
76-14-201 - Definitions.
As used in this part:
(1) “Alien” means an individual who is not a citizen or national of the United States.
(2) “ICE” means the federal Immigration and Customs Enforcement agency of the United States Department of Homeland Security.
(3) “Law enforcement officer” has the same meaning as in Section 53-13-103.
(4) “SAVE program” means the federal Systematic Alien Verification for Entitlements program operated by the federal Department of Homeland Security.
(5) “State or local governmental agency” includes a private contractor or vendor that contracts with the agency to provide the agency’s functions or services.
(6) “Verify immigration status” or “verification of immigration status” means the determination of an individual’s immigration status by:a law enforcement officer who is authorized by a federal agency to determine an alien’s immigration status; orthe United States Department of Homeland Security, ICE, or other federal agency authorized to provide immigration status as provided by 8 U.S.C. Sec. 1373(c).
Renumbered and Amended by Chapter 173, 2025 General Session
76-14-202 - Detention or arrest — Determination of immigration status.
(1) Except as provided in Subsection (1)(b), (c), or (d), a law enforcement officer who, acting in the enforcement of a state law or local ordinance, conducts a lawful stop, detention, or arrest of an individual as specified in Subsection (1)(a)(i) or (ii), and the individual is unable to provide to the law enforcement officer a document listed in Subsection 76-14-203(1) and the law enforcement officer is otherwise unable to verify the identity of the individual, the law enforcement officer:shall request verification of the citizenship or the immigration status of the individual under 8 U.S.C. Sec. 1373(c), except as allowed under Subsection (1)(b), (c), or (d), if the individual is arrested for an alleged offense that is a class A misdemeanor or a felony; andmay attempt to verify the immigration status of the individual, except as exempted under Subsection (1)(b), (c), or (d), if the alleged offense is a class B or C misdemeanor, except that if the individual is arrested and booked for a class B or C misdemeanor, the arresting law enforcement officer or the law enforcement agency booking the individual shall attempt to verify the immigration status of the individual.In individual cases, the law enforcement officer may forego the verification of immigration status under Subsection (1)(a) if the determination could hinder or obstruct a criminal investigation.Subsection (1)(a) does not apply to a law enforcement officer who is acting as a school resource officer for an elementary or secondary school.Subsection (1)(a) does not apply to a county or municipality when it has only one law enforcement officer on duty and response support from another law enforcement agency is not available.
(2) When a law enforcement officer makes a lawful stop, detention, or arrest under Subsection (1) of the operator of a vehicle, and while investigating or processing the primary offense, the law enforcement officer makes observations that give the law enforcement officer reasonable suspicion that the operator or any of the passengers in the vehicle are violating Section 76-5-308, 76-5-308.1, 76-5-308.3, 76-5-308.5, 76-5-310, 76-5-310.1, or 76-14-209, which concern smuggling, human trafficking, or transporting illegal aliens, the law enforcement officer shall, to the extent possible within a reasonable period of time:detain the occupants of the vehicle to investigate the suspected violations; andinquire regarding the immigration status of the occupants of the vehicle.
(3) When an individual under Subsection (1) is arrested or booked into a jail, juvenile detention facility, or correctional facility, the arresting officer or the booking officer shall ensure that a request for verification of immigration status of the arrested or booked individual is submitted as promptly as is reasonably possible.
(4) The law enforcement agency that has custody of an individual verified to be an illegal alien shall request that the United States Department of Homeland Security issue a detainer requesting transfer of the illegal alien into federal custody.
(5) A law enforcement officer may not consider race, color, or national origin in implementing this section, except to the extent permitted by the constitutions of the United States and this state.
Renumbered and Amended by Chapter 173, 2025 General Session
76-14-203 - Grounds for presumption of lawful presence in United States — Statement to officer.
(1) An individual is presumed to be lawfully present in the United States for the purposes of this chapter if the individual provides one of the following documents to the law enforcement officer, unless the law enforcement officer has a reasonable suspicion that the document is false or identifies an individual other than the individual providing the document:a valid Utah driver license issued on or after January 1, 2010;a valid Utah identification card issued under Section 53-3-804 and issued on or after January 1, 2010;a valid tribal enrollment card or other valid form of tribal membership identification that includes photo identification;a valid identification document that:includes a photo or biometric identifier of the holder of the document; andis issued by a federal, state, or local governmental agency that requires proof or verification of legal presence in the United States as a condition of issuance of the document; ora valid resident immigrant permit issued under Section 63G-14-204.
(2) An individual is presumed to be a citizen or national of the United States for purposes of this part if the individual makes a statement or affirmation to the law enforcement officer that the individual is a United States citizen or national, unless the officer has a reasonable suspicion that the statement or affirmation is false.
Renumbered and Amended by Chapter 173, 2025 General Session
76-14-204 - Illegal alien — Notification of federal government — Transportation to federal facility.
A state or local law enforcement agency may securely transport an alien who is in the agency’s custody and whom the agency has verified is unlawfully present in the United States to:
(1) a federal detention facility in this state; or
(2) with the concurrence of the receiving federal agency, to a federal facility or other point of transfer to federal custody that is outside this state.
Renumbered and Amended by Chapter 173, 2025 General Session
76-14-205 - Enforcement of federal immigration laws.
A state or local governmental agency of this state, or a representative of the agency, may not:
(1) limit or restrict by ordinance, regulation, or policy the authority of a law enforcement agency or other governmental agency to assist the federal government in the enforcement of any federal law or regulation governing immigration; or
(2) limit or restrict by ordinance, regulation, or policy the authority of a law enforcement agency to investigate or enforce a violation of the federal misdemeanor offenses of willful failure to register as an alien or willful failure to personally possess an alien registration document as required by 8 U.S.C. Sec. 1304(e) or 1306(a).
Renumbered and Amended by Chapter 173, 2025 General Session
76-14-206 - Determining an alien’s immigration status — Transfer or maintenance of information.
Except as limited by federal law, a state or local governmental agency is not restricted or prohibited in any way from sending, receiving, or maintaining information related to the lawful or unlawful immigration status of an individual by communicating with a federal, state, or local governmental entity for a lawful purpose, including:
(1) determining an individual’s eligibility for a public benefit, service, or license provided by a federal agency, by this state, or by a political subdivision of this state;
(2) confirming an individual’s claim of residence or domicile if determination is required by state law or a judicial order issued pursuant to a civil or criminal proceeding in this state;
(3) if the individual is an alien, determining if the individual is in compliance with the federal registration laws of Title II, Part 7, Immigration and Nationality Act; or
(4) a valid request for verification of the citizenship or immigration status of an individual pursuant to 8 U.S.C. Sec. 1373.
Renumbered and Amended by Chapter 173, 2025 General Session
76-14-207 - Proof of immigration status required to receive public benefits.
(1) An agency that provides state or local public benefits as defined in 8 U.S.C. Sec. 1621 shall comply with Section 63G-12-402 and shall also comply with this section, except:as provided in Subsection 63G-12-402(3)(g) or (k); orwhen compliance is exempted by federal law or when compliance could reasonably be expected to be grounds for the federal government to withhold federal Medicaid funding.The agency shall verify an individual’s lawful presence in the United States by requiring that the applicant under this section sign a certificate under penalty of perjury, stating that the applicant:is a United States citizen; oris a qualified alien as defined by 8 U.S.C. Sec. 1641.The certificate under Subsection (1)(b) shall include a statement advising the signer that providing false information subjects the signer to penalties for perjury.The signature under this Subsection (1) may be executed in person or electronically.When an applicant who is a qualified alien has executed the certificate under this section, the applicant’s eligibility for benefits shall be verified by the agency through the federal SAVE program or an equivalent program designated by the United States Department of Homeland Security.
(2) An individual who knowingly and willfully makes a false, fictitious, or fraudulent statement of representation in a certificate executed under this section is guilty of public assistance fraud by an applicant for public assistance under Section 76-8-1203.1.
(3) If the certificate constitutes a false claim of United States citizenship under 18 U.S.C. Sec. 911, the agency requiring the certificate shall file a complaint with the United States Attorney for the applicable federal judicial district based upon the venue in which the certificate was executed.
(4) Agencies may, with the concurrence of the Utah Attorney General, adopt variations to the requirements of the provisions of this section that provide for adjudication of unique individual circumstances in which the verification procedures in this section would impose unusual hardship on a legal resident of this state.
(5) If an agency under Subsection (1) receives verification that an individual making an application for a benefit, service, or license is not a qualified alien, the agency shall provide the information to the local law enforcement agency for enforcement of public assistance fraud by an applicant for public assistance under Section 76-8-1203.1 unless prohibited by federal mandate.
Renumbered and Amended by Chapter 173, 2025 General Session
76-14-208 - Implementation to be consistent with federal law and civil rights.
All state and local agencies shall implement this part in a manner that is consistent with federal laws that regulate immigration, protect the civil rights of all individuals, and establish the privileges and immunities of United States citizens.
Renumbered and Amended by Chapter 173, 2025 General Session
76-14-209 - Transporting or harboring an alien.
(1) As used in this section:Except as provided in Subsection (1)(a)(ii), “alien” means an individual who is illegally present in the United States.On or after the program start date, as defined in Section 63G-12-102, “alien” does not include an individual who holds a valid permit, as defined in Section 63G-12-102.Terms defined in Sections 76-1-101.5, 76-14-101, and 76-14-201 apply to this section.
(2) An actor commits transporting or harboring an alien if the actor:transports, moves, or attempts to transport into this state or within the state an alien for commercial advantage or private financial gain, knowing or in reckless disregard of the fact that the alien is in the United States in violation of federal law, in furtherance of the illegal presence of the alien in the United States;knowingly, with the intent to violate federal immigration law, conceals, harbors, or shelters from detection an alien in a place within this state, including a building or means of transportation for commercial advantage or private financial gain, knowing or in reckless disregard of the fact that the alien is in the United States in violation of federal law;encourages or induces an alien to come to, enter, or reside in this state, knowing or in reckless disregard of the fact that the alien’s coming to, entry, or residence is or will be in violation of law; orengages in a conspiracy, for commercial advantage or private financial gain, to commit any of the offenses listed in Subsection 76-Ch76_10|(2)], (b), or (c).
(3) A violation of Subsection (2)(a), (c), or (d) is a third degree felony.A violation of Subsection (2)(b) is a class A misdemeanor.
(4) Nothing in this section prohibits or restricts the provision of:a state or local public benefit described in 8 U.S.C. Sec. 1621(b); orcharitable or humanitarian assistance, including medical care, housing, counseling, food, victim assistance, religious services and sacraments, or transportation to and from a location where the assistance is provided, by a charitable, educational, or religious organization or the employees, agents, or volunteers of a charitable, educational, or religious organization, using private funds.
(5) It is not a violation of this section for a religious denomination or organization or an agent, officer, or member of a religious denomination or organization to encourage, invite, call, allow, or enable an alien to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer who is not compensated as an employee, notwithstanding the provision of room, board, travel, medical assistance, and other basic living expenses.Subsection (5)(a) applies only to an alien who has been a member of the religious denomination or organization for at least one year.
(6) An individual’s participation in Title 63G, Chapter 14, Utah Pilot Sponsored Resident Immigrant Program Act, either as a sponsor or resident alien, does not constitute encouraging or inducing an alien to come to, enter, or reside in this state in violation of Subsection (2)(c).
Renumbered and Amended by Chapter 173, 2025 General Session