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Senate amends and circles immigration enforcement bill after hours of debate
Summary
Senators debated and adopted five amendments to Senate Bill 81, which would require status checks in jails, expand E-Verify use by public employers/contractors, and criminalize knowing trafficking; the Senate circled the bill for further technical work.
Senate Bill 81, legislation that would expand state-level immigration enforcement, drew lengthy floor debate on Feb. 20 before sponsors secured adoption of several amendments and asked the chamber to 'circle' the bill for subsequent technical work. The bill, introduced by Senator Hickman, would require county sheriffs to make reasonable efforts to determine citizenship status of persons confined in county jails, require public employers and certain contractors to use the federal status-verification system (E-Verify), limit issuance of certain licenses to those lawfully present, and make knowingly transporting or harboring an alien in furtherance of illegal presence a Class A misdemeanor.
Senator Hickman, the bill sponsor, said SB81 responds to a perceived federal enforcement gap and summarized its provisions, including a provision he described as aimed at trafficking: "This bill simply requires the county sheriffs to make reasonable efforts to determine the citizenship status of a person confined in a county jail..." He also noted exceptions and that some provisions were developed with the Salt Lake Chamber of Commerce.
The Senate considered several sponsor amendments. Amendment 3 clarified the language on government-issued identification and explicitly preserved ordinary student identification cards, which Senator Bell confirmed would still be allowed. Amendment 5 replaced the term "discriminatory practice" with "unlawful practice" in employment-related language; senators sought counsel on whether the change would create a private right of action or shift enforcement forums. Counsel advised that "there are no penalties in this bill" itself for that change and that federal penalties could still apply in some circumstances. Amendment 6 revised affidavit/application language, and Amendment 7 narrowed the transporting/harboring prohibition so it targets those acting "for commercial advantage or private financial gain" and requires that the act be committed "knowingly and in reckless disregard" of the person's unlawful presence; sponsor and counsel said the intent was to reach traffickers, not everyday drivers or charities.
Amendment 8 added explicit exemptions for charitable, educational and religious organizations, and included a one-year membership requirement for individuals claiming protection as ministers or missionaries; a substitute motion to remove the one-year requirement failed and the amendment was adopted as presented, though sponsors said they would bring a separate technical amendment to insert the missing word "private" in a later drafting fix. After adopting the amendments by voice vote, Senator Hickman moved to circle the bill "as amended" so staff could finalize a small technical change; that motion passed.
Votes at a glance: the amendments to SB81 (3, 5, 6, 7 and 8) were adopted by the Senate by voice votes during floor debate; the bill was circled for further technical amendment and later consideration. No final passage on SB81 was recorded during this session — the chamber set the bill aside for continuation of work.
What comes next: Sponsor and counsel indicated a technical sheet will be corrected and the Senate will resume consideration of SB81 at a later date; circling preserves the amendments adopted on the floor while those drafting edits are made.
