Resistance to Attacks on Rights Increases

New Utah Law Protects Immigrants

Utah is one of just a handful of states to pass legislation that helps non-citizens avoid deportation if they are convicted of a misdemeanor. The bill, which was signed into law by Governor Gary Herbert on March 25, clarifies that misdemeanor convictions in Utah can no longer be interpreted as aggravated felonies for immigration purposes, avoiding automatic deportation for a crime as simple as shop-lifting. To make this happen, the bill reduces the maximum possible sentence for misdemeanors in Utah by a single day -- from 365 days to 364 days.

The federal government says any conviction, including most misdemeanors, that have a sentence of one year or more will be categorized as an "aggravated felony," requiring deportation. This action was taken in part to target many workers and organizers who have lived in the U.S. for decades, often playing leading roles in resistance at the workplace and in communities. Many with green cards have also been deported. It is also the case that even if the sentence the person is given is less than a year, say 30 days, as long as the offense carries a sentence of one year or more, the federal government still requires deportation. And it prevents immigration judges from any discretion in the matter -- deportation is mandatory. The law blocks this action by the federal government by reducing the sentence to less than a year.

Utah is not the first state to make this policy change. She joins states like Washington, California and Nevada, that have passed so-called 364-day laws. Colorado and New York also adopted similar protections.

(Voice of Revolution)


This article was published in

Volume 49 Number 14 - April 20, 2019

Article Link:
: New Utah Law Protects Immigrants


    

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