Utah Sanctuary Policy Preemption

Utah Code 17-22-9.5, enacted as part of HB 497 (2011), directs county sheriffs to make reasonable efforts to determine the immigration status of persons booked into jail for felonies or class A misdemeanors and to share information with U.S. Immigration and Customs Enforcement. The statute requires verification through Secure Communities or comparable systems and prohibits restrictions on communication with federal authorities consistent with 8 U.S.C. 1373. While HB 116 (2011) created a state-level guest worker framework, the cooperation mandate in 17-22-9.5 limits sanctuary practices by political subdivisions. Local policies that obstruct federal information-sharing risk legal challenge.

Local jurisdictions adopting non-cooperation policies that conflict with state law or 8 U.S.C. 1373 may face state enforcement actions, civil suits, or loss of cooperative agreements with federal partners.