Lawmakers advance bill increasing sentences for certain undocumented people who commit crimes
The Capitol in Salt Lake City is pictured on Tuesday, Jan. 21, 2025. (Photo by Spenser Heaps for Utah News Dispatch)
Utah lawmakers advanced another bill on Monday targeting people living in the state without legal status who commit crimes.
Sponsored by Sen. Calvin Musselman, R-West Haven, SB90 would require a judge to impose a mandatory jail or prison sentence for crimes committed by a person who has already been deported, then charged with felony reentry to the U.S.
If a migrant is deported back to their country of origin, illegally re-enters the U.S., commits a crime in Utah and is found guilty of that crime, they would face a mandatory sentence, with no early release.
For misdemeanor offenses, which are typically the type of crimes that can result in more leniency from judges, the law would require a mandatory 360-day sentence for a class A offense, 180 days for a class B and 90 days for a class C.
Musselman claimed that most people who repeatedly enter the U.S. after being deported have connections to organized crime, calling his bill 'very targeted, very specific.'
Republicans begin rolling out public safety and immigration bills ahead of session
'It's very expensive to come across the border multiple times and most individuals can't afford to do that,' he said on Monday. 'But if you're in the system then you can rotate in through, almost like a revolving door.'
Per Musselman's bill, a person serving one of these mandatory sentences would not be handed over to U.S. Customs and Immigration Enforcement, or ICE, until their sentence is complete.
'The idea is to try and stop that revolving door of individuals that are coming in and committing lower-level crimes, which they know they're not going to have any jail sentence or prison sentence, then they get deported again and go right back to the same thing,' Musselman said during a Senate Judiciary, Law Enforcement, and Criminal Justice Committee meeting last week.
It passed the Senate on Monday with unanimous approval. With only two weeks left in the legislative session, it's unclear whether it will advance to the House floor.
SB90 is one of a handful of bills lawmakers are working on this legislative session to facilitate the Trump administration's immigration agenda, which includes ramping up deportations.
Utah Gov. Spencer Cox and leadership in the state's House and Senate have said they are focusing efforts on deporting people convicted of crimes. Lawmakers have sponsored bills to increase penalties for crimes they say are linked to drug cartels, extend the maximum sentence for class A misdemeanors to facilitate deporations, compel employers to verify whether their employees have legal status and more.
These bills haven't passed yet and are all still moving through the legislative process.
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