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House passes Illegal Immigration Enforcement Act after liability amendment fails
Summary
The Utah House passed House Bill 237, which authorizes the state to enter a Section 287 MOU with the U.S. Department of Homeland Security allowing trained state officers to perform certain federal immigration functions during regular duties; an amendment that would have clarified agency liability failed on the floor.
The Utah House passed House Bill 237, the Legal Immigration Enforcement Act, after a lengthy floor debate and a failed amendment that sought to clarify liability for civil-rights violations.
Representative Glenn Donaldson, sponsor of the bill, told colleagues the measure directs the commissioner of the Department of Public Safety to enter an agreement with the U.S. Department of Homeland Security under Section 287 of the Immigration and Nationality Act to allow a limited number of specially trained state officers to perform some functions of federal immigration officers in the course of their routine duties. "It does not make Utah officers federal immigration officers," Donaldson said, adding the program "does not foster or condone racial profiling" and that officers in the program would remain bound by federal and state civil-rights statutes.
Representative (recorded under Representative Lefebvre's name) moved Amendment No. 1 to make explicit that a state or local agency could be held liable if it "intentionally, knowingly or recklessly" violated constitutional or civil rights in exercising power under the bill. Supporters of the amendment said it was intended to strike a balance between public safety and civil-rights protections; the sponsor opposed it as redundant with existing statutes and MOUs. The House voted to reject the amendment on a recorded vote (42 no, 24 yes).
Members questioned the bill's fiscal and operational impacts. Representative Seeley and others pressed the sponsor on the fiscal note and staffing implications; the sponsor said training and many incarceration costs would be borne by the Department of Homeland Security and that training is voluntary and provided by ICE, but other members argued there are real costs for travel, overtime and staffing while officers participate in training or program activities.
After debate, the House adopted the bill by voice/recorded vote (44 yes, 25 no) and will refer it to the Senate for consideration.
What the bill does not do, as the sponsor repeatedly emphasized, is cross-deputize local officers or authorize immigration-only roundups; it allows only trained state officers, acting under their regular duties, to carry out specific federal immigration enforcement functions under an MOU.
