Senate approves bill asking federal officials to notify state when noncitizens are released

The Utah Senate on Feb. 29 passed first substitute House Bill 165, a measure that would require federal authorities to provide state notification within three business days when certain noncitizens are released into Utah.

Senator Kennedy, the bill sponsor, said the measure is intended to give local authorities and service providers a head start in responding. “This is common decency,” Kennedy said during floor debate, arguing notification can help sheriffs and other local agencies provide timely assistance.

Opponents raised constitutional concerns, with Senator Thatcher saying the bill “makes requirements from the state onto a federal agency” and questioning whether the state can lawfully impose such requirements on federal actors. Kennedy and backers countered that the bill imposes no penalty on federal actors and that courts, not the Legislature, ultimately determine constitutionality.

Senator Escamilla offered a floor amendment to remove the attorney general and county sheriffs as required notice recipients and instead add the director of the Office of Immigration and New American Integration. The amendment proponents said routing information to that office would support “compassionate” service delivery through an agency focused on new Americans. The amendment failed after a standing division (the presiding officer counted 10 in favor and 12 opposed, and the motion failed in the subsequent vote).

After extended debate the Senate voted to pass the bill under suspension of the rules. The clerk announced the tally: 22 yes, 7 no. The bill will be signed by the president and returned to the House for the speaker’s signature.

What’s next: The House-origin bill will return to the House with the Senate’s substitute language for final signature. Any legal challenge over federal–state authority would be decided by courts if and when an affected party files suit.