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House approves bill to let trained state officers perform certain federal immigration duties under ICE MOU
Summary
The House passed a first-substitute version of HB 105 to authorize the Department of Public Safety to enter an MOU with ICE under a 287(g)-style program allowing selected, trained state officers to perform specific federal immigration functions; the bill passed 43–30 and is voluntary for local agencies and officers.
The Utah House on Feb. 13 approved first-substitute House Bill 105, the Illegal Immigration Enforcement Act, authorizing the commissioner of the Department of Public Safety to enter an agreement with U.S. Immigration and Customs Enforcement so certain state officers may be trained and certified to perform limited federal immigration duties.
Sponsor Representative Donaldson said the measure directs the DPS commissioner to enter an MOU “in accordance with section 287 of the Immigration and Nationality Act” and that selected officers would receive five weeks of ICE training and remain bound by federal civil-rights and state statutes. “This bill directs the commissioner of the Department of Public Safety to enter into an agreement…to allow certain state law officers to perform some of the functions of the Federal Immigration Office,” Donaldson said.
Opponents warned the proposal risks racial profiling and could undermine community trust. Representative Selig said the bill "may not condone racial profiling but it certainly facilitates it," and cited concerns that residents and witnesses could become less willing to cooperate with police. Selig referenced statements from Salt Lake City Police Chief Chris Burbank in questioning the practical effects on policing.
Supporters, including Representatives Winder and Windler, said the federal government had left the state with enforcement gaps that hamper law enforcement. Representative Windler said officers often encounter people they believe are in the country unlawfully and lack authority to detain them; he described the proposal as voluntary for officers and local agencies and said it would not force municipalities to participate.
Members asked for logistical and fiscal clarifications. Donaldson said ICE supplies training materials and oversight while the state pays officers’ salaries during training; the sponsor said the MOU approach is in use in other states and counties. Representative Hemingway and others questioned where training would occur and how rural enforcement would work; Donaldson said training is available at multiple locations and lasts about five weeks.
The House ended debate by moving the previous question. First-substitute HB 105 passed by a 43–30 vote with two members absent and will be transmitted to the Senate for consideration.
What comes next: If the Senate takes up HB 105, any final MOU, training plan and participation terms would be determined during implementation between DPS and ICE, and municipalities would have the option to decline participation.
