Senate narrows criminal amendments that prompt immigration reporting, passes measure amid dissent

The Utah State Senate passed a substituted criminal-amendments bill (recorded on the floor as House Bill 2 26) that sponsors said narrows qualifying offenses and increases the maximum penalty for selected Class A misdemeanors from 364 to 365 days. The bill requires certain convictions to be referred to federal authorities and directs courts to collect and report an inmate’s immigration status when relevant, according to the sponsor’s floor presentation.

Sponsor Senator McKay described the bill as targeted to “crimes against persons” and said the forced substitute narrowed the qualifying list to the “most egregious” offenses; he told the chamber that the move would reduce costs associated with incarcerating some undocumented offenders and said the state is incurring increasing costs tied to illegal immigration.

Opponents raised due-process and scope concerns. Senator Escamilla asked whether the change would affect lawfully present immigrants and warned that increasing the maximum penalty to 365 days may trigger different federal immigration consequences; he said that could remove an immigration judge’s discretion and lead to deportations for some lawful residents. Senator Thatcher, who served on the sentencing commission, said the federal immigration framework had changed in recent years so that a potential one-day increase can change how federal authorities and courts treat an offense, and argued the bill could result in lawful residents losing immigration hearings or expedited detention.

Other senators spoke in support, noting the state’s federal immigration enforcement interactions and saying the legislature should address what they described as a county- and state-level fiscal strain. Senator Musselman and Senator McHale urged passage, with Musselman noting the sponsor’s narrowing of qualifying offenses and McHale citing work with stakeholders to address concerns from the committee hearing.

The Senate roll call on the floor recorded the substitute as passing with 21 yea votes and 8 nay votes. The president announced the bill would be returned to the House for further consideration.

Discussion vs. decision: floor discussion included policy arguments about federal immigration law, state incarceration costs and due process; the formal decision was a recorded roll-call passage in the Senate. The record captures substantial disagreement about whether the measure would expedite deportation for lawful residents and whether it appropriately balances public-safety and due-process concerns.

Why it matters: the substitute reshapes how select Class A misdemeanors are treated and establishes reporting or referral practices that intersect with federal immigration enforcement. Sponsors argued it targets public-safety offenses and reduces state costs; opponents warned of collateral impacts on lawful immigrants and urged more careful, stakeholder-driven drafting.

Selected quotes from the floor:

- Senator McKay (sponsor): “It increases the maximum penalty for class a misdemeanors… from 364 to 365 days.” - Senator Escamilla: “My biggest concern… is that we will be hurting lawful present individuals.” - Senator Thatcher: “This bill does not impact illegal immigrants in any way, shape, or form. I’m gonna say that again… this bill only punishes lawful noncitizen residents, and that is fact.”

Next steps: the bill was passed by the Senate and will proceed according to interchamber procedures; senators and stakeholders who raised due-process concerns flagged this measure for further scrutiny as it moves through the legislative process.