H.B. 105

1

ILLEGAL IMMIGRATION ENFORCEMENT ACT
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Glenn A. Donnelson
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Public Safety Code by providing for the enforcement of federal
10 immigration laws by certain state or local law enforcement officers.
11 Highlighted Provisions:
12 This bill:
13 . defines terms;
14 . directs the Commissioner of the Department of Public Safety to enter into an
15 agreement with the Secretary of Homeland Security to allow certain state or local
16 law enforcement officers to perform certain functions of a federal immigration
17 officer;
18 . provides that the Commissioner of the Department of Public Safety shall ensure
19 compliance with the agreement and the requirements of law relating to the
20 agreement; and
21 . provides that certain state or local law enforcement officers are authorized to
22 enforce federal immigration law and perform certain functions of a federal
23 immigration officer.
24 Monies Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None

28 Utah Code Sections Affected:
29 ENACTS:
30 53-15-101, Utah Code Annotated 1953
31 53-15-102, Utah Code Annotated 1953
32 53-15-103, Utah Code Annotated 1953
33 53-15-104, Utah Code Annotated 1953
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 53-15-101 is enacted to read:
37 CHAPTER 15. ILLEGAL IMMIGRATION ENFORCEMENT ACT
38 53-15-101. Title.
39 This chapter is known as the "Illegal Immigration Enforcement Act."
40 Section 2. Section 53-15-102 is enacted to read:
41 53-15-102. Definitions.
42 As used in this chapter:
43 (1) "Alien" is as defined in 8 U.S.C. 1101(a)(3).
44 (2) "Law enforcement officer" is as defined in Section 53-13-103 .
45 Section 3. Section 53-15-103 is enacted to read:
46 53-15-103. Agreement to enforce immigration law.
47 The commissioner shall:
48 (1) on behalf of the state, enter into an agreement with the Secretary of Homeland
49 Security, pursuant to 8 U.S.C. Sec. 1357(g), to allow a state or local law enforcement officer to
50 perform a function of a federal immigration officer in relation to the investigation,
51 apprehension, or detention of aliens in the United States; and
52 (2) ensure that the state, the political subdivisions of the state, and state and local law
53 enforcement officers comply with the terms of the agreement described in Subsection (1) and
54 the provisions of 8 U.S.C. Sec. 1357(g).
55 Section 4. Section 53-15-104 is enacted to read:
56 53-15-104. Authority of a state or local law enforcement officer to enforce
57 immigration law.
58 A state or local law enforcement officer may enforce federal immigration law and

59 otherwise perform a function of a federal immigration officer if the law enforcement officer:
60 (1) is authorized to enforce federal immigration law or perform a function of a federal
61 immigration officer under:
62 (a) the agreement described in Section 53-15-103 ; and
63 (b) 8 U.S.C. Sec. 1357(g); and
64 (2) complies with the requirements of:
65 (a) the agreement described in Section 53-15-103 ; and
66 (b) 8 U.S.C. Sec. 1357(g).




Legislative Review Note
as of 1-10-07 12:31 PM

Office of Legislative Research and General Counsel