Utah State Immigration Laws

Immigration laws are primarily enforced by federal agencies. But states have their own rules that affect the daily life of immigrants and the services they can access. These rules and regulations vary by state. States also have a significant say in how they enforce immigration laws.

This article outlines immigration policies and rules in Utah. Learn more about:

• Law enforcement and immigration in Utah
• Employment and professional licensing
• Utah E-Verify requirements
• Driver’s license and ID requirements
• Public benefit restrictions
• Educational restrictions and in-state tuition
• Housing ordinances and immigration
• How an immigration lawyer can help
• Related resources

Immigration rules continue to evolve. Anyone facing an immigration issue in Utah should speak with a local immigration attorney for up‑to‑date guidance.

Law Enforcement and Immigration in Utah

In 2001, Utah enacted a law mandating police check the immigration status of anyone arrested for specific misdemeanors or felonies.

Officers can also verify the status if they reasonably suspect someone is in the U.S. illegally. The American Civil Liberties Union (ACLU) challenged the law in federal district court and won. So, the law no longer stands.

Yet, federal laws may still regulate the enforcement of immigration laws at the state level. For instance, some programs require collaboration between federal and state law enforcement agencies. One of these programs is the Criminal Apprehension Program (CAP) by the U.S. Immigration and Customs Enforcement (ICE). Its mission is to protect the country by arresting, identifying, and removing those threatening U.S. communities’ national security and safety.

The Enforcement and Removal Operations (ERO) manages CAP and its initiatives as part of its mission. In particular, ERO investigates, arrests, prosecutes, and removes noncitizens illegally in the country. They also ensure that the state complies with the immigration enforcement processes.

Cooperation between the federal and local law enforcement agencies is crucial in managing these programs. The federal government also has agencies that work as a centralized body for matters related to immigration laws. Below are some of these government agencies:

• Department of Homeland Security (DHS)
• U.S. Citizenship and Immigration Services (USCIS)
• U.S. Immigration and Customs Enforcement (ICE)
• U.S. Customs and Border Protection (CBP)

These federal agencies work together to enforce and manage immigration laws. They also secure U.S. borders and ensure the nation is free from threats.

Employment and Professional Licensing

In April 2023, a new law opened the door for immigrants with professional training and licensing from other countries to get licensed in Utah. The bill, called Reciprocal Professional Licensing, became law. This allows nine Utah departments to issue licenses to immigrants. The law allows people from other countries and states to prove they have the necessary experience and skills to get a license.

In December 2019, the Utah Supreme Court ruled that Deferred Action for Childhood Arrivals (DACA) recipients are eligible for admission to the Utah State Bar. But they must meet all admission requirements.

In March 2015, the Utah Senate signed Senate Bill 131 into law. This law allows occupational therapists to get licenses if they have a license in another state or a foreign country and have passed the board exam.

Utah E-Verify Requirements

 E-Verify is a federally operated system that allows employers to verify that applicants are legally authorized to work in the U.S. Employers may use it to verify the employment eligibility of newly hired employees. The DHS administered the program in collaboration with the Social Security Administration.

Starting May 4, 2022, employers with 150 or more employees must register with E-Verify. They can hire new employees only if they verify the person’s legal work authorization.

Driver’s License and ID Requirements

Immigrants without proper documentation in Utah may apply for driving privileges. Senate Bill 227, signed into law on March 8, 2005, made it possible. The bill allows residents without proper documentation to get a driving privilege card. This is possible if the person has no Social Security number (SSN).

But applicants must submit documents proving their identity and Utah residency. They must also do fingerprinting, which checks against state, local, and regional criminal records. They must also renew their driving privileges yearly.

Utah also allows Deferred Action for Childhood Arrivals (DACA) recipients to get a driver’s license or state identification card.

Public Benefits Restrictions

Federal law bars immigrants without proper documentation from getting most public benefits. But they can get emergency services, health care, and other programs “necessary to protect life and safety.”

Education Checks and In-State Tuition

Eligible learners without proper documentation, including DACA recipients, may access Utah’s in-state tuition and financial aid. House Bill 144 made this possible, taking effect on March 26, 2002. But the students should meet specific requirements:

• Attended high school in Utah for three years or more
• Graduated from a high school in Utah or received an equivalent of a high school diploma before the school term
• Have not registered for classes before the 2002-2003 academic year
• Submitted an affidavit stating that the student will file an application for legal immigration status or is willing to apply whenever eligible

Then, on March 30, 2020, Senate Bill 111 reaffirmed this rule that students without documentation can pay in-state tuition in Utah. They must file an affidavit with the school stating that they applied for legal immigration or will apply as soon as possible.

Housing Ordinances and Immigration

Utah adopted the Fair Housing Act (FHA) that protects people from discriminatory housing practices. But the Department of Housing and Urban Development (HUD) policies in the state impact the eligibility of DACA recipients to get mortgages.

Utah adopted the FHA policy stating that non-U.S. citizens without legal residency are not eligible to apply for FHA-insured loans.

Immigration Issue in Utah? Talk to a Lawyer

Dealing with immigration on your own is very difficult and stressful. Understanding federal and state laws can be overwhelming, and it is natural to feel frustrated and lost in the process. Fortunately, legal help is available for immigration issues.

An experienced attorney can help you understand the immigration program and offer legal services tailored to your case. Whether you’re applying for a visa, facing a deportation, or petitioning a family member, a lawyer will be your strongest ally.

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in Utah. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

Immigration in Utah: Related Resources

Various for-profit and nonprofit organizations that help immigrants in Utah:

• Holy Cross Ministries — This organization helps immigrants gain legal immigration status in the United States. It offers no-cost or low-cost immigration services, including legal consultation, family reunification programs, citizenship and naturalization services, and more. It also provides orientation and counseling services in its Salt Lake City office.
• Catholic Community Services of Utah — Migration and Refugee Services — This faith-based organization provides Utah immigration services and helps immigrants and their families. It also offers a broad range of legal assistance, such as adjustment of status, processing employment authorization, family-based petitions, asylum applications, and more.
• International Rescue Committee (Salt Lake City Office) — This committee responds to humanitarian crises and helps people build their lives through various services and programs.