Enforcement Activities Amendments

21
53-13-106.14
53-25-106
53-25-903
63G-16-401
63G-34-101
63G-34-102
0
Enforcement Activities Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Nate Blouin
House Sponsor:
LONG TITLE
General Description:
This bill creates requirements for certain enforcement activities.
Highlighted Provisions:
This bill:
defines terms;
prohibits certain state or local law enforcement officers from assisting with a federal
immigration enforcement operation in a sensitive location or house of worship;
prohibits, with certain exceptions, an employee of a law enforcement agency from using a
facial covering;
provides:
a criminal penalty for an illegal use of a facial covering;
a waiver of immunity and allowance for damages against an employee of a law
enforcement agency who violates the facial mask prohibition and commits a specified
offense; and
an exemption from the criminal penalty if the employing law enforcement agency has
established and publicly posted a facial covering policy;
requires a law enforcement agency to establish and publicly post a facial covering policy
and includes requirements for a law enforcement facial covering policy;
places restrictions on when a federal agency, or an entity operating on behalf of a federal
agency, may operate a detention facility for the purpose of immigration enforcement
proceedings;
requires, with certain exceptions, a governmental entity operating a sensitive location to
not allow into certain non-public areas an individual who is seeking access to conduct an
immigration enforcement operation;
provides that a federal directive that conflicts with certain provisions is subject to the
Utah Constitutional Sovereignty Act;
contains severability clauses; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
ENACTS:
53-13-106.14
, Utah Code Annotated 1953
53-25-106
, Utah Code Annotated 1953
53-25-903
, Utah Code Annotated 1953
63G-16-401
, Utah Code Annotated 1953
63G-34-101
, Utah Code Annotated 1953
63G-34-102
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
53-13-106.14
is enacted to read:
53-13-106.14
. Prohibition on state or local law enforcement assistance with
federal civil immigration enforcement in a sensitive location or a house of worship --
Exceptions.
(1)
As used in this section:
(a)
"Federal directive" means the same as that term is defined in Section
63G-16-201
.
(b)
"Federal immigration authority" means the United States Department of Homeland
Security, the United States Immigration and Customs Enforcement, the United States
Citizenship and Immigration Services, the United States Customs and Border
Protection, or any other federal agency or entity that has the authority to detect,
investigate, or enforce a violation of federal immigration law.
(c)
"Federal immigration employee" means an individual:
(i)
who is employed by a federal immigration authority; and
(ii)
whose duties include the investigation or enforcement of federal immigration
laws.
(d)
"House of worship" means the same as that term is defined in Section
76-11-201
.
(e)
"Immigration enforcement operation" means an operation in which the primary
objective is the identification or apprehension of an individual for the purpose of
subjecting the individual to civil immigration detention, removal, or deportation
proceedings.
(f)
"Law enforcement officer" means the same as that term is defined in Section
53-13-103
.
(g)
"Sensitive location" means the same as that term is defined in Section
63G-34-101
.
(2)
Except as provided in Subsection
(3)
, a state or local law enforcement agency may not
provide resources, equipment, facilities, personnel, or other assistance to a federal
immigration authority or a federal immigration employee for the purpose of an
immigration enforcement operation in a sensitive location or a house of worship.
(3)
A state or local law enforcement agency may provide resources, equipment, facilities,
personnel, or other assistance to a federal immigration authority or a federal immigration
employee for the purpose of an immigration enforcement operation in a sensitive
location or a house of worship if:
(a)
circumstances exist that pose an imminent threat of:
(i)
physical harm to an individual; or
(ii)
physical damage to the sensitive location or a house of worship;
(b)
the entity responsible for operating the sensitive location or house of worship
requests the assistance or presence of a state or local law enforcement agency or a
law enforcement officer employed by a state or local law enforcement agency; or
(c)
the immigration enforcement operation is conducted in accordance with a federal
criminal warrant or in exigent circumstances.
(4)
A federal directive that conflicts with this section is subject to the provisions of Title
63G, Chapter 16, Part 2, Utah Constitutional Sovereignty Act.
Section 2. Section
53-25-106
is enacted to read:
53-25-106
. Prohibition on officer use of a facial covering -- Exceptions --
Criminal penalty -- Civil claim.
(1)
For purposes of this section:
(a)
(i)
"Facial covering" means an opaque mask, garment, helmet, headgear, or other
item that conceals or obscures the facial identity of an individual.
(ii)
"Facial covering" includes a balaclava, tactical mask, gator, or ski mask.
(iii)
"Facial covering" does not include:
(A)
a translucent face shield or clear mask that does not conceal the individual's
facial identity;
(B)
a medical or surgical mask, gas mask, helmet, respirator, or self-contained
breathing apparatus, if worn to protect against exposure to a hazardous or
harmful condition;
(C)
a mask, helmet, self-contained breathing apparatus, or other device necessary
for underwater use that is worn during a water-based operation;
(D)
a motorcycle helmet when worn by an officer using a motorcycle or other
vehicle that requires a helmet for the safe operation of the vehicle; or
(E)
protective eyewear, helmets, sunglasses, or other standard law enforcement
gear not designed or used for the purpose of hiding an individual's identity.
(b)
"Federal directive" means the same as that term is defined in Section
63G-16-201
.
(c)
"Officer" means an individual:
(i)
who is an employee of a law enforcement agency; and
(ii)
whose primary and principal duties consist of the prevention and detection of
crime and the enforcement of criminal or immigration statutes or ordinances of the
federal government, this state, or a political subdivision of this state.
(d)
"Tactical unit" means a special group within a law enforcement agency that is
specifically trained and equipped to respond to critical, high-risk situations.
(2)
Except as provided in Subsection
(3)
, an officer may not wear a facial covering that
conceals or obscures the officer's facial identity in the performance of the officer's
official duties.
(3)
An officer may wear a facial covering described in Subsection
(2)
if:
(a)
the officer is actively performing duties associated with a tactical unit in which
protective gear is required for the officer's physical safety;
(b)
the officer is actively participating in an undercover operation or assignment,
including in a prosecution related to an undercover operation or assignment, that is
authorized by the officer's supervising personnel or a court order;
(c)
the use of the facial covering is authorized under a written facial covering policy
established by the officer's employing law enforcement agency in accordance with
Section
53-25-903
; or
(d)
the officer in good faith believes that the use of the facial covering was permitted by
law or by the officer's law enforcement agency.
(4)
(a)
Except as provided in Subsection
(4)(b)
, an officer's intentional violation of this
section on or after July 1, 2026, is a class C misdemeanor.
(b)
An officer may not be prosecuted for a violation of this section if the officer:
(i)
was acting in the officer's official capacity as an employee of a law enforcement
agency; and
(ii)
the officer's employing law enforcement agency, at the time of the violation, had
created and publicly posted a written facial covering policy in accordance with
Section
53-25-903
.
(5)
An officer who is found to have committed an assault, battery, false imprisonment, false
arrest, abuse of process, or malicious prosecution against an individual while wearing a
facial covering in a knowing violation of this section, may not assert a privilege or
immunity for the officer's tortious conduct against a claim of civil liability, and is liable
to the individual for the greater of actual damages or statutory damages of not less than
$10,000, whichever is greater.
(6)
A federal directive that conflicts with this section is subject to the provisions of Title
63G, Chapter 16, Part 2, Utah Constitutional Sovereignty Act.
(7)
The provisions of this section are severable, and if any subsection of this section or the
application of any subsection to any person or circumstance is held invalid by a final
decision of a court with jurisdiction, the remainder of this section shall be given effect
without the invalid subsection or application.
Section 3. Section
53-25-903
is enacted to read:
53-25-903
. Law enforcement agency policy concerning facial coverings.
(1)
As used in this section:
(a)
"Federal directive" means the same as that term is defined in Section
63G-16-201
.
(b)
"Tactical unit" means the same as that term is defined in Section
53-25-106
.
(2)
Beginning July 1, 2026, a law enforcement agency operating in the state shall create,
maintain, and publicly post a written policy regarding the use of facial coverings by
employees of the law enforcement agency.
(3)
The policy described in Subsection
(2)
shall include:
(a)
a purpose statement affirming the law enforcement agency's commitment to:
(i)
transparency, accountability, and public trust;
(ii)
restricting the use of facial coverings to specific, clearly defined, and limited
circumstances; and
(iii)
the principle that generalized and undifferentiated fear and apprehension about
officer safety is not sufficient to justify the use of a facial covering;
(b)
a general prohibition on an officer's use of a facial covering when performing the
officer's official duties as an officer and the following exceptions:
(i)
the exceptions described in Subsections
53-25-106(3)(a)
and
(b)
; and
(ii)
a law or policy regarding:
(A)
a reasonable accommodation for an officer to wear a facial covering based on
the officer's disability or other medical reason; or
(B)
the use of a facial covering by an officer when required by occupational health
or safety laws;
(c)
the use of the definition of "facial covering" found in Section
53-25-106
; and
(d)
a requirement that a supervisor may not knowingly allow an employee of the law
enforcement agency to violate state law or agency policy concerning the use of a
facial covering.
(4)
A federal directive that conflicts with this section is subject to the provisions of Title
63G, Chapter 16, Part 2, Utah Constitutional Sovereignty Act.
(5)
The provisions of this section are severable, and if any subsection of this section or the
application of any subsection to any person or circumstance is held invalid by a final
decision of a court with jurisdiction, the remainder of this section shall be given effect
without the invalid subsection or application.
Section 4. Section
63G-16-401
is enacted to read:
4. Restrictions on Federal Immigration Detention Centers
63G-16-401
. Restrictions on federal immigration detention centers -- Violation.
(1)
As used in this section:
(a)
"Detention facility" means a facility in which an individual is held:
(i)
while awaiting:
(A)
a legal proceeding; or
(B)
an immigration enforcement proceeding; or
(ii)
as a consequence of committing an offense.
(b)
"Federal agency" means the same as that term is defined in Section
63G-16-201
.
(c)
"Federal directive" means the same as that term is defined in Section
63G-16-201
.
(d)
"Immigration enforcement proceeding" means the detention or processing of an
individual for the purpose of subjecting the individual to a civil or criminal
immigration detention, removal, or deportation proceeding.
(2)
A federal agency, or entity operating on behalf of a federal agency, may not build, own,
lease, purchase, or operate a detention facility for the purpose of immigration
enforcement proceedings unless the federal agency, or the entity operating on behalf of a
federal agency, has:
(a)
the express written approval for the detention facility from:
(i)
the governor of this state;
(ii)
the county in which the detention facility is or will be located; and
(iii)
the city or town in which the detention facility is or will be located; and
(b)
achieved full compliance with all permitting, bonding, insurance, zoning, safety
standards, building standards, occupancy restrictions, infrastructure requirements,
and any other requirements that are mandated by:
(i)
the state;
(ii)
the county described in Subsection
(2)(a)(ii)
; or
(iii)
the city or town described in Subsection
(2)(a)(iii)
.
(3)
A federal directive that conflicts with this section is subject to the provisions of Part 2,
Utah Constitutional Sovereignty Act.
Section 5. Section
63G-34-101
is enacted to read:
34. Limitation on Federal Immigration Actions in Sensitive Locations
63G-34-101
. Definitions.
As used in this chapter:
(1)
"Federal directive" means the same as that term is defined in Section
63G-16-201
.
(2)
"Governmental entity" means:
(a)
the state; or
(b)
a political subdivision.
(3)
"Immigration enforcement operation" means the same as that term is defined in Section
53-13-106.14
.
(4)
"Political subdivision" means the same as that term is defined in Section
63G-7-102
.
(5)
"Public library" means a library established under Section
9-7-402
or
9-7-501
.
(6)
(a)
"Sensitive location" means:
(i)
a public library;
(ii)
a health care facility operated by a governmental entity;
(iii)
a courthouse; or
(iv)
a location operated by a governmental entity that provides:
(A)
physical or mental health services;
(B)
shelter care services; or
(C)
legal services.
(b)
"Sensitive location" does not include:
(i)
a correctional or detention facility operated by a governmental entity; or
(ii)
a holding or detention facility in a courthouse operated by a governmental entity.
(7)
"State" means the same as that term is defined in Section
63G-7-102
.
Section 6. Section
63G-34-102
is enacted to read:
63G-34-102
. Limitations on federal immigration actions in a sensitive location.
(1)
A governmental entity operating a sensitive location shall deny access to any portion of
the sensitive location that is not accessible to the general public to any individual who is
seeking access to conduct an immigration enforcement operation, unless:
(a)
the individual presents a valid warrant issued by a federal court;
(b)
circumstances exist that pose an imminent threat of:
(i)
physical harm to an individual; or
(ii)
physical damage to the sensitive location; or
(c)
exigent circumstances exist.
(2)
A federal directive that conflicts with this section is subject to the provisions of Title
63G, Chapter 16, Part 2, Utah Constitutional Sovereignty Act.
Section 7.
Effective Date.
This bill takes effect on
May 6, 2026
.
1-22-26 1:38 PM