Welcome to FindLaw's coverage of existing Utah legislation and rules related to individuals' immigration status. Below you will find information on what, if any, rules Utah has regarding immigration checks by law enforcement, educational institutions, and employers, as well as the existence of E-Verify requirements, restrictions on public benefits based on an individual's immigration status, and more.
Law Enforcement and Immigration in Utah
In 2001, Utah lawmakers passed a law that required state and local police to verify the immigration status of anyone arrested for a class A, B or C misdemeanor or a felony, or of anyone whom an officer has a reasonable suspicion of being in the U.S. illegally. The American Civil Liberties Union (ACLU) challenged the law in federal district court and won. The law no longer stands.
It is a state criminal offense to transport or harbor an illegal alien.
Under a federal program called "Secure Communities," all arrestees are fingerprinted and run through a federal database which checks their criminal record and immigration status. Be sure to check with your local lawmakers to find out if your city complies with this program.
Employment & Immigration Status
Undocumented immigrants may be lawfully employed as part of Utah's guest worker program, which lacks many of the labor protections afforded to citizens and legal residents.
Also, refer to federal employment eligibility verification rules and the requirements for Form I-9.
Utah E-Verify Requirements
All public employers, public contractors and public subcontractors are required to use E-Verify.
All private employers with more than 15 employees must use E-Verify (companies using legal guest workers are exempt from this requirement).
Driver's License/ID Requirements
Undocumented immigrants are eligible for a Utah driver's license or non-driver ID.
Public Benefits Restrictions
Under federal law, illegal immigrants are prohibited from receiving most public benefits. However, they are allowed to receive emergency services, health care and other programs that have been deemed "necessary to protect life and safety."
Education Checks
N/A
Voting ID Rules
Either a valid and current identification document with a photo or two forms of ID bearing the name of the voter and evidence that the voter resides in the precinct. If you feel your voting rights have been violated, speak with an attorney right away.
Housing Ordinances and Immigration
N/A
Other Immigration Rules
Under Utah's limited "resident immigrant" program, U.S. citizens in Utah may sponsor foreign nationals currently living abroad who wish to live in the state. This program will be implemented from July 1, 2013 through June 30, 2018.
Related Resources
Learn More About Your Rights in Utah: Talk to an Immigration Lawyer
Curious about the immigration rules and regulations in Utah? You don't have to do all the research on your own, and in fact you could jeopardize your efforts by going it alone. An experienced immigration lawyer can explain the law and any new updates and, if necessary, help you in an immigration proceeding.
