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SALT LAKE CITY — A proposal targeting immigrants here illegally who are believed to be involved in organized crime has received preliminary support from a Senate committee and now moves to the full Senate for consideration.
SB90, debated Tuesday, is one of several measures Utah lawmakers are considering this session spurred by illegal immigration that would enhance or spell out mandatory penalties for those convicted of certain drug, theft and other crimes.
Sen. Calvin Musselman, sponsor of SB90, said the measure is meant to target criminal actors in Utah who have previously been convicted of criminal reentry into the United States after being deported. If they've previously been convicted of drug crimes or theft in the United States and are convicted again of such crimes in Utah, they'd face mandatory jail sentences. The measure wouldn't apply to the most serious of crimes that result in prison time for offenders.
"What we're saying with this particular subset of individuals that are clearly connected to organized crime (is) that there's a mandatory jail sentence," said Musselman, R-West Haven. He says the measure is meant to "stop that revolving door" of criminal actors who repeatedly return to the United States after being deported.
The measure received a 4-2 positive recommendation from the Senate Judiciary, Law Enforcement and Criminal Justice Committee and moves forward. Sen. Todd Weiler, R-Woods Cross, one of the two no votes, said he's "always been leery" of mandatory sentences.
At least three other measures in the Utah House are aimed at beefing up sentences immigrants here illegally face for criminal acts. They are part of a package of bills sponsored by GOP lawmakers targeting illegal immigration, a big focus this session.
HB38 would augment the criminal classification of certain violent crimes, property crimes and sexual offenses in certain circumstances when carried out by two or more people, down from the current threshold of three or more people. The proposal comes amid growing concern among some in Utah about the presence of the Venezuelan gang Tren de Aragua in the state. House lawmakers approved HB38 unanimously last week, and now it awaits Senate consideration.
HB87, spurred in part by concerns about more and more fentanyl making its way to Utah from Mexican drug cartels, would make trafficking of more than 100 grams of the drug a first-degree felony. House lawmakers unanimously approved it on Feb. 7, and it awaits Senate consideration.
Similar to SB90, HB211 would enhance the classification of felony crimes committed by immigrants who have previously been convicted of illegal reentry into the United States after being deported. It's not yet received committee consideration.
Musselman described SB90 as specifically targeting criminal immigrants.
The measure's provisions wouldn't apply to more serious criminal actors who get prison time, only those facing jail time, Musselman said. Moreover, it doesn't target immigrants who "are just seeking refuge" and haven't been previously convicted of a crime or criminal reentry. "Those individuals are going to be treated the same as everybody else," he said.
The mandatory jail sentences for the drug, theft and retail theft crimes covered per SB90's provisions would be 360 days for felonies or class A misdemeanors, 180 days for class B misdemeanors, and 90 days for class C misdemeanors. Culprits would have to serve their full jail terms before facing deportation.
Marlesse Jones, director of the Victim Services Commission, a division of the Utah Commission on Criminal and Juvenile Justice, expressed support for the measure.
Hyrum Gonzalez, who also testified, said the measure, tweaked from the original, is "good" at targeting "this specific group that could potentially harm the community."
Liz Maryon of the Salt Lake Community Bail Fund, formed to fight "the unjust money bail system," took issue with SB90. "The assumption that someone who has been deported in the past is a violent individual and connected to organized crime is a racist theory that does not have sufficient evidence supporting it," she said.
Correction: In an earlier version, Hyrum Gonzalez's name was incorrectly spelled Hiram.
