HB 70 - Identifying Undocumented Immigrants - Utah Key Vote

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Title: Identifying Undocumented Immigrants

Vote Smart's Synopsis:

Vote to pass a bill that requires law enforcement to verify the immigration status of individuals in a law-related stop.

Highlights:

  • Requires all law enforcement officers conducting a lawful stop, detention, or arrest of a person that is alleged to have committed a class A misdemeanor or felony or a class B or C misdemeanor, to request verification of the citizenship or immigration status of the person (Sec. 4).
  • Requires law enforcement officers making lawful stops, detentions, or arrests of the operator of a vehicle, who have reasonable suspicion that the operator or any passenger does not have legal immigration status or is transporting illegal immigrants, to perform the following (Sec. 4):
    • Detain the occupants of the vehicle to investigate the suspected violations; and
    • Inquire regarding the immigration status of the occupants of the vehicle.
  • Prohibits law enforcement officers from considering race, color, or national origin when determining whether or not reasonable suspicion exists (Sec. 4).
  • Specifies that a person is presumed to be lawfully in the United States if the person can provide a form of identification including, but not limited to, the following (Sec. 5):
    • A valid Utah driver license issued on or after January 1, 2010;
    • A valid Utah identification card issued on or after January 1, 2010; or
    • A valid tribal enrollment card or other valid form of tribal membership identification that includes photo identification.
  • Requires any agency that receives information regarding an individual who does not have legal immigration status and who is applying for state or federal benefits provide such information to the local law enforcement agency unless prohibited by federal mandate (Sec. 9).
  • Authorizes a peace officer to make an arrest with or without the authority of a warrant, if the peace officer has reasonable cause to believe that the person is an undocumented immigrant (Sec. 12).

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