This proposal represents an extreme step toward requiring local law enforcement officers to enforce federal immigration laws.
The proposal promotes unnecessary, costly, and potentially discriminatory collaboration between state and federal authorities and risks violating the due process rights of Utahns—who, regardless of their status, are entitled to those protections under the U.S. Constitution. Governor Cox cannot unilaterally strip away the fundamental right to be fairly treated under the law.
Governor Cox’s plan to undermine these protections is a direct challenge to our legal system.
Denying due process violates the U.S. Constitution and erodes public trust in law enforcement. It creates an environment where Utahns—particularly people of color—are vulnerable to wrongful detention and deportation without the legal safeguards to which they are entitled. Rushing to deportation by creating shortcuts, or “intercepts” as the policy calls them, bypasses protections in the criminal and immigration systems and sacrifices both due process and justice. Fundamental protections like a presumption of innocence until proven guilty and the right to a fair day in court must not be cast aside.
Governor Cox plans to prioritize “reducing unreasonable federal regulations and detention standards”.
However, it’s essential to understand that the federal immigration system is civil, which makes immigration detention fundamentally different from Utah’s criminal jails and prisons. This distinction requires detention conditions that align with its administrative, non-punitive nature. Investigators with the Department of Homeland Security have described these conditions as “barbaric” and “negligent.”
As an attorney in D.C., I visited with people in immigration detention who later died of insufficient medical care. When Utah’s county jails are already grappling with unacceptably high rates of deaths in custody, instances of horrific abuse by correctional officers, and accounts of inadequate medical care, calling for the elimination of federal regulations that ensure the well-being of civil detainees is the exact opposite of sound and humane governmental policy.
— Brittney Nystrom, Executive Director for the ACLU of Utah.
One consequence of Gov. Cox’s policy is incentivizing arrests based on perceived immigration status.
The proposal calls for increased ICE presence in county jails for Utahns arrested but not yet convicted of any crime, signaling to law enforcement that an arrest is sufficient to trigger deportation proceedings. This could result in pretextual and discriminatory policing practices. This is not just an ineffective solution to crime—it’s an unconstitutional one. This practice disproportionately affects people of color, further marginalizing communities already burdened by systemic inequality.
The governor’s policy jeopardizes public safety, undermining the trust between law enforcement and the public they serve.
The policy calls for Utah law enforcement officers to identify Utahns lacking valid immigration status. Navigating the complexities of a technical federal body of law often results in officers resorting to unlawful perceptions and employing stereotypes when pressed into making decisions about immigration status. When Utahns fear that contacting law enforcement will result in deportation, they hesitate to report crimes, assist in investigations, or seek help in dangerous situations.
This proposal doesn’t just undermine the rights of non-citizens—it threatens the very bedrock of fairness that ensures all Americans, immigrants or not, are afforded the protection of the law.
We all lose by depriving any group of fair treatment and due process. If the government can strip rights from one group today, expansion of those abuses is inevitable. Vigilance is truly the price of liberty, and attacks on civil liberties rarely stay confined to one population for long.
Respecting civil rights is not about agreeing or disagreeing with specific immigration policies—it’s about upholding the U.S. Constitution and its guarantees of fairness for all individuals in America. This principle is at the heart of our legal system and should not be sacrificed for short-term political gains.
If you believe in the sanctity of the rule of law, it’s not a partisan issue. Civil rights and liberties are not just for some—they are for everyone in America. We must uphold the principles enshrined in both the U.S. and Utah Constitutions—the bedrock of our democracy. It’s American.
