76-9-1007. Determining an alien‘s immigration status — Transfer or maintenance of information. Except as limited by federal law, any
state or local governmental agency is not restricted or prohibited in any way from sending, receiving, or maintaining information related to the lawful or unlawful immigration status of any
person by communicating with any federal,
state, or local governmental entity for any lawful purpose, including:
| (1) |
determining a person’s eligibility for any public benefit, service, or license provided by any federal agency, by this state, or by any political subdivision of this state; |
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Terms Used In Utah Code 76-9-1007
- Act: means a voluntary bodily movement and includes speech. See Utah Code 76-1-101.5
- Alien: means a person who is not a citizen or national of the United States. See Utah Code 76-9-1002
- Person: means an individual, public or private corporation, government, partnership, or unincorporated association. See Utah Code 76-1-101.5
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- State or local governmental agency: includes any private contractor or vendor that contracts with the agency to provide the agency's functions or services. See Utah Code 76-9-1002
| (2) |
confirming a person’s claim of residence or domicile if determination is required by state law or a judicial order issued pursuant to a civil or criminal proceeding in this state; |
| (3) |
if the person is an alien, determining if the person is in compliance with the federal registration laws of Title II, Part 7, Immigration and Nationality Act; or |
| (4) |
a valid request for verification of the citizenship or immigration status of any person pursuant to 8 U.S.C. § 1373. |
Amended by Chapter 2, 2018 Special Session 3
