Federal Context

In 2024, significant changes in U.S. immigration, healthcare, and local licensing policies were announced. Secretary of Homeland Security Alejandro Mayorkas extended and redesignated Syria for Temporary Protected Status (TPS) in January. USCIS also announced a final fee rule adjusting fees for immigration and naturalization requests, effective April 1, 2024. In May, the Biden-Harris Administration extended access to Marketplace Coverage through the Affordable Care Act (ACA) to DACA recipients. It later introduced executive actions to bar migrants who cross the Southern border without inspection from receiving asylum and made changes to the adjustment of status process for spouses of U.S. citizens.

President Joe Biden speaks in the East Room of the White House on June 4, 2024. (Manuel Balce Ceneta/AP)

Local Context

Throughout 2023, the U.S. extended and redesignated Temporary Protected Status (TPS) for Somalia, Haiti, Venezuela, and South Sudan. This was also the year that the Biden Administration successfully lifted the Title 42 policy, initially invoked by President Trump, which had blocked most migrants from seeking asylum during the pandemic. Unfortunately, in the fall of 2023, a court ruling declared the Deferred Action for Childhood Arrivals (DACA) Final Rule unlawful, however, it allowed current recipients to continue renewing their status. Additionally, the Department of Homeland Security extended the re-registration period for TPS beneficiaries from El Salvador, Haiti, Honduras, Nepal, Nicaragua, and Sudan.

Federal Context

Local Context

Locally, Utah expanded health coverage for more children through the passing of SB217: Children's Health Amendments by Senator Escamilla (D) and allowed foreign-trained professionals to obtain state licenses in various fields through the passing of SB35: Reciprocal Professional Licensing by Senator Bramble (R).

Rep. Jim Dunnigan, R-Taylorsville, and Senate Minority Leader Luz Escamilla, D-Salt Lake City, announce the expansion of a new State Children’s Health Insurance Program at the Glendale Community Learning Center in Salt Lake City on Wednesday. (Kristin Murphy, Deseret News)

2022

Federal Context

In 2022, the U.S. granted Temporary Protected Status (TPS) to Sudan, Ukraine, Afghanistan, Cameroon, and Ethiopia. The Biden Administration ended the Trump era "Stay in Mexico" policy, which required asylum seekers to wait in Mexico during their US court proceedings, following a 5-4 Supreme Court decision. U.S. Customs and Border Patrol recorded a significant increase in migrant apprehensions at the southern border, reaching 2.3 million in the fiscal year 2022. Additionally, the Department of Homeland Security extended TPS for nationals of El Salvador, Honduras, Nicaragua, Nepal, Haiti, and Sudan.

Local Context

In Utah, Salt Lake County was redesignated as a Certified Welcoming community, and the Cache Refugee and Immigrant Connection (CRIC) was approved as a resettlement agency, joining two others in Utah. The state also passed SB216: Modifications to Driver License Examination by Senator Escamilla (D), making the driver’s license test available in 13 languages other than English.

USU social worker Jess Lucero, left, and students Rachel Hyman and Tim Light at Logan, Utah's Cache Refugee and Immigration Connection center. The team is investigating health care disparities and outcomes among the center’s clients. M. Muffoletto. (Mary-Ann Muffoletto, USU)

2021

Federal Context

Throughout 2021, President Biden took decisive actions to reverse the immigration policies of the Trump era. These included ending the Muslim and African travel bans, providing protections for DACA recipients, halting the construction of the border wall, and implementing a 100-day moratorium on most deportations. The administration also stopped new enrollments in the "Remain in Mexico" program and terminated Trump's zero-tolerance policy that had led to family separations at the border. TPS was granted for Venezuela and Burma (Myanmar), and Executive Order 14013 was issued to improve refugee resettlement and address the impact of climate change on migration. However, the Biden Administration retained Title 42 during the pandemic to curb migrant entry.

Local Context

In Utah, the state created the Utah Immigration Assistance Center, aimed at helping businesses and individuals navigate global talent pathways and promoting economic opportunities for New Americans, through the passing of HB404: Utah Immigration Assistance Center by Representative Ferry (R).

The Utah Legislature wrapped up its 2021 General Session Friday at midnight. Lawmakers passed more than 500 bills. (Lee Hale, KUER)

2020

Federal Context

Throughout 2020, significant changes in U.S. immigration policy occurred. In February, the Supreme Court allowed the implementation of the public charge rule, which broadened the definition of public benefits and factors for determining inadmissibility based on public charge grounds. In April, President Trump issued an executive order halting immigration for individuals without existing visas, in response to the COVID-19 pandemic. In June, the Supreme Court ruled that the Department of Homeland Security did not follow proper procedures when attempting to end the DACA program, thereby keeping the program in place. Joe Biden won the presidential election in November, proposing a comprehensive immigration plan focusing on pathways to citizenship, family reunification, asylum policy reform, and border security. The Trump Administration updated the U.S. citizenship test in December, and a federal judge ordered the full restoration of DACA.

Local Context

Locally, Utah saw only 261 refugee arrivals due to stricter federal regulations, and the Utah Supreme Court adopted a rule allowing DACA recipients to be eligible for the state bar, enabling Dreamers to practice law in Utah. This was also the year that the ACLU of Utah, Covington, and Burling, LLP, and Crowell & Moring LLP filed a lawsuit against Utah Division of Adult Probation & Parole (AP & P) agents and officials, and the executive director of the Utah Department of Corrections, for a violent raid on the Yañez family's Salt Lake City home in August 2018 (Yanez v. AP&P). The case was settled on September 30, 2020, with the state agreeing to pay $137,500 and implement additional training for AP&P officers on constitutional rights and racial profiling.

Throughout 2019, key changes and events shaped U.S. immigration policy. In February, President Trump signed a $328 billion spending bill that included $1.375 billion for border barriers, significantly less than his $5.7 billion request. This led him to declare a state of emergency to allocate $8.1 billion for a border wall, prompting lawsuits from 16 states alleging a violation of the separation of powers. In September, Trump signed Executive Order 13888, requiring state and local governments to consent in writing to resettle refugees, which further complicated refugee resettlement efforts. In response to this order, Utah Governor Gary R. Herbert sent a letter to President Trump in October, requesting permission for Utah to accept more refugees. Despite these challenges, Utah had 588 refugee arrivals in 2019, reflecting its commitment to providing new homes for those fleeing persecution.

“Utah’s unique history informs our approach to refugees. Our state was founded by religious refugees fleeing persecution in the Eastern United States. Those experiences and hardships of our pioneer ancestors 170 years ago are still fresh in the minds of many Utahns. As a result, we empathize deeply with individuals and groups who have been forced from their homes and we love giving them a new home and new life.”

2018

Throughout 2018, significant developments occurred in U.S. immigration policy. In January, the Secretary of Homeland Security announced the end of Temporary Protected Status (TPS) for Salvadoran nationals, following similar decisions for Sudan, Haiti, and Nicaragua. Federal judges issued rulings to keep the Deferred Action for Childhood Arrivals (DACA) program in place, despite the Trump administration's efforts to end it, mandating the continuation of renewal applications. The U.S. Department of Justice appealed these rulings. In April, President Trump signed a memorandum to deploy National Guard troops to the U.S.-Mexico border, citing a crisis of illegal immigration and related issues. Additionally, a federal judge ruled that the Trump administration must accept new DACA applications. In May, Texas and six other states filed a lawsuit against the continuation of DACA. In June, President Trump signed an executive order to keep detained families together amid criticism of family separations at the border. The Ninth Circuit Court upheld an injunction against ending DACA in November. By December, the U.S. Department of Homeland Security implemented a policy to return individuals to Mexico while awaiting immigration proceedings.

Locally, Salt Lake County became the first to receive the "Certified Welcoming" community designation from Welcoming America, recognizing its inclusive policies and programs for immigrants. This was also the year that the ACLU of Utah, alongside the ACLU’s Immigrants’ Rights Project and Covington & Burling, LLP, filed a lawsuit against ICE and U.S. marshals over two SWAT-style raids on a Heber City family in April of 2017 (Ramirez v. Reddish). The lawsuit claims the raids violated the family's Fourth Amendment rights against unreasonable searches, seizures, and excessive force.

Immigrant rights activists protest outside of The White House in Washington DC in May 2018.

Federal Context

Throughout 2017, U.S. immigration policy experienced significant changes under President Trump. In January, he signed two executive orders focusing on enhancing public safety and border security. These included penalizing sanctuary cities, prioritizing the deportation of individuals posing risks, reinstating the Secure Communities program, and calling for a U.S.-Mexico border wall. Another executive order banned entry from seven predominantly Muslim countries and indefinitely suspended Syrian refugee entry. In March, a revised order continued to restrict immigration from specific countries but lifted the indefinite suspension for Syrian refugees. In April, the "Buy American, Hire American" executive order aimed to prioritize U.S. goods and services and tightened H-1B visa requirements. June saw the rescission of Deferred Action for Parents of Americans (DAPA), and in September, the Trump administration announced the end of DACA, though federal judges allowed renewals to continue temporarily. Updated travel restrictions were placed on several countries, and the refugee admissions cap was drastically reduced to 45,000. November brought the end of Temporary Protected Status (TPS) for Haitian nationals, and in December, President Trump called for ending "chain migration" following a terror attack.

President Trump holds up a signed Executive Order in the Oval Office of the White House on Jan. 28, 2017. (Alex Brandon, AP)

At the state level, several immigrant-owned businesses and supporters joined the nationwide boycott against President Trump’s anti-immigration policy proposals and changes. The ACLU of Utah, Northern California, and Hawai’i filed a lawsuit (ACLU v. U.S. Customs and Border Protection) seeking government documents on the implementation of President Trump’s executive orders on travel from majority-Muslim nations. The request was denied four months later.

2016

Federal Context

In 2016, U.S. immigration policy faced pivotal moments and local responses. In June, the Supreme Court's split decision in United States v. Texas upheld a lower court injunction blocking DAPA and expanded DACA. November brought Donald Trump's election as the 45th President, with immigration and border security among his key campaign issues, including plans for a southern border wall.

The “Say No to Trump’s Agenda” protest and rally in Salt Lake City, Utah on Thursday, Nov. 10, 2016. (Rishi Deka, Daily Utah Chronicle)

Locally, Utah passed HB331: Immigration and Alien Related Amendments by Senator Howard (R) in March, focusing on extending dates related to certain immigration statuses. Salt Lake County established the Office for New Americans to enhance the integration of its immigrant population, focusing on civic engagement and economic opportunities. Student protests erupted in response to Trump's election, highlighting concerns over his immigration policies, notably with large demonstrations like the "Say No To Trump’s Agenda" rally in Salt Lake City, which drew significant participation.

2015

Federal Context

In 2015, significant developments unfolded nationally and locally in U.S. immigration policy. In February, federal judge Andrew Hanen issued an injunction halting the implementation of DAPA and expanded DACA programs, impacting millions of undocumented immigrants.

Locally, Utah enacted SB296: Antidiscrimination and Religious Freedom Amendments by Senator Urquhart (R) in March, a landmark anti-discrimination bill that included protections based on immigration status. This legislation made it illegal for employers to discriminate against employees or job applicants due to their immigration status, marking a significant step towards safeguarding immigrant rights within the state.

2014

Federal Context

In 2014, U.S. immigration policy saw significant national and local developments. In November, President Obama announced executive actions on immigration, which included expanding DACA and introducing Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA). These measures aimed to provide relief to millions of undocumented immigrants but faced legal challenges that would later impact their implementation.

Locally, Utah's State Legislature passed SB203: Immigration Amendments by Senator Bramble (R), reforming the state's guest worker program originally established in 2011. As well as SB253: Distracted Driver Amendments by Senator Urquhart (R), legislation that adjusted requirements and timelines for obtaining guest worker permits, reflecting Utah's ongoing efforts to manage immigration policy at the state level. Additionally, a federal district court blocked provisions from 2011’s HB497: Utah Illegal Immigration Enforcement Act by Representative Sandstrom (R) bill from being enacted. This bill was halted from implementation by a lawsuit brought by the ACLU of Utah. This was also the year that the ACLU of Utah and attorney B. Keny Morgan filed a federal complaint on behalf of Enrique Uroza (Uroza v. Salt Lake County), who was held in a jail in Salt Lake City for 39 days after posting bail due to an unconstitutional policy. The complaint involved ICE and the U.S. government. Settlements were reached with all parties engaged in August 2014. The ACLU also joined partners in a class action lawsuit against Utah’s HB497: Utah Illegal Immigration Enforcement Act by Representative Sandstrom (R) (Utah Coalition of La Raza v. Herbert), which allowed police to demand proof of citizenship during traffic stops, arguing that it violated constitutional rights. The court blocked the law’s implementation and further restricted key provisions.

2013

Federal Context

2013, was a pivotal year in U.S. immigration policy. On June 27, S.744: Border Security, Economic Opportunity, and Immigration Modernization Act by Senator Schumer (D) successfully passed the Senate but stalled in the House of Representatives. This comprehensive bill aimed to overhaul immigration laws, offering a pathway to citizenship for undocumented immigrants while bolstering border security measures. Despite its passage in the Senate, the bill's progress halted in the House, underscoring ongoing challenges and debates surrounding immigration reform at the federal level. At the local level, civil rights attorneys argued against the implementation of HB497: Utah Illegal Immigration Enforcement Act by Rep. Sandstrom (R) at the district courthouse. A decision was made the following year.

'The strong bipartisan vote we took is going to send a message,' Chuck Schumer said. | REUTERS

2012

Federal Context

In 2012, a landmark initiative in U.S. immigration policy was launched under the Obama Administration. On June 15, the Deferred Action for Childhood Arrivals (DACA) program was implemented, granting temporary protection from deportation and work permits to hundreds of thousands of undocumented youth. This policy aimed to provide relief and opportunities for young immigrants brought to the U.S. as children, highlighting efforts to address the complex issues surrounding immigration and undocumented populations. Additionally, Arizona’s SB1070: Support Out Law Enforcement and Safe Neighborhood Act by Senator Pearce (R) law received a decision that struck down several provisions however, it reinstated the “Show me your papers provision” that immigrant rights advocates continued to oppose.

At the local level, HB300: Illegal Alien Related Amendments by Representative Herrod (R) and SB157: Utah Immigration Accountability and Enforcement by Senator Urquhart (R) were brought before the legislature to repeal some of the provisions and programs created under Utah’s Guest Worker Program that passed in 2011. Though unsuccessful, these two bills alongside a few others, HB143: Alien Workers Related Amendments by Representative Wright (R) and HB477: Employment and Verification Requirements by Representative Sandstrom (R) showed the continuous contentious debate about immigration policy at the state level.

U.S. President Barack Obama delivers remarks about the Department of Homeland Security's recent announcement about deportation of illegal immigrants in the Rose Garden at the White House June 15, 2012 in Washington, DC. Obama said the administration will stop deporting undocumented immigrants who had come to the U.S. when they were at a young age. Photo Ken Cedeno (Photo by Ken Cedeno/Corbis via Getty Images)

2011

During the 2011 General Legislative Session, Utah passed several key policies related to immigrants and immigration. An important legislation was HB116: Utah Immigration Accountability and Enforcement Amendments by Representative Wright (R) which was also known as the Utah Guest Worker Program Act. This bill established a framework for a guest worker program aimed at undocumented immigrants residing in the state. HB497: Utah Illegal Immigration Enforcement Act by Representative Sandstrom (R), on the other hand, was a similar bill to Arizona's SB1070: Support Out Law Enforcement and Safe Neighborhood Act by Senator Pearce (R), authorized law enforcement to check the immigration status of individuals detained for other offenses. However, the bill was quickly blocked from implementation by a federal restraining order.  HB469: Immigration Related Amendments by Representative Dougall (R) introduced a Migrant Worker Visa Pilot Program, exploring new avenues for migrant labor participation. Lastly, HB466: Migrant Workers and Related Commission Amendments by Representative Sandstrom (R) created an Office of Immigration and Migration dedicated to overseeing immigration matters, reflecting Utah's proactive approach to managing immigration policies at the state level.

Utah State Capitol Building, Salt Lake City on February 16, 2011. Brandon

2010

Federal Context

In April 2010, Arizona's SB1070: Support Out Law Enforcement and Safe Neighborhood Act by Senator Pearce (R), one of the toughest anti-illegal immigration laws in U.S. history, was passed and signed into law by Governor Jan Brewer. This legislation sparked extensive legal challenges and nationwide protests, including demonstrations in Washington D.C., where activists called for immigration reform in response to the controversial measure.

Locally, in March 2010, Utahns participated in the “Immigration Reform Now” March, reflecting community engagement and concerns over immigration policies, similar to the national discourse prompted by Arizona's SB1070: Support Out Law Enforcement and Safe Neighborhood Act by Senator Pearce (R). Additionally, the Utah Compact was first signed and adopted which called on the federal government to take a humane approach to passing comprehensive immigration reform.

A ceremony was held on the grounds of the Utah State Capitol on November 11, 2010, where the Utah Compact was signed by business, law enforcement, religious leaders, and other community leaders and individuals.

2009

Federal & Local Context

After President Barack Obama’s first year in office, the administration’s policies and practices on immigration became clear. Under his administration, more 287(g) contracts were signed at the local and state levels that increased the prevalence of the Secure Communities program that allows local law enforcement to check immigration during jail bookings. On the health front, President Obama signed the reauthorization of the Children’s Health Insurance Program that included a provision to allow state flexibility for legal immigrant children and pregnant women the ability to enroll in the program without a five-year waiting period. The DREAM Act continued to be reintroduced in 2009. At the local level, Utah’s provisions from SB81: Illegal Immigration by Senator Hickman (R) from the 2008 session were enacted on July 1st, 2009.

President Obama signed a law expanding children’s health insurance. (Photo: Doug Mills/The New York Times)

In July 2008, the E-Verify program underwent expansion, compelling federal contractors and subcontractors to utilize the system for verifying the eligibility of their workers. This move aimed to bolster employment verification processes nationwide.

Locally, Utah enacted SB81: Illegal Immigration by Senator Hickman (R) on March 18, 2008, which mandated state and local law enforcement to verify the immigration status of individuals arrested, required public employers to implement E-Verify, and prohibited the harboring and transporting of undocumented immigrants. However, implementation of certain provisions was delayed until 2009, reflecting ongoing adjustments in immigration policy at the state level.

2007

In June 2007, the Senate's failure to pass the Comprehensive Immigration Reform Act of 2007 halted significant immigration reform efforts during the Bush administration, stalling comprehensive legislative changes at the national level.

Locally, Utah enacted HB131: Document Fraud by Representative Morgan (R) on March 22, 2007. This legislation mandated state agencies to verify the immigration status of new hires, reflecting Utah's approach to incorporating immigration status verification into public employment practices.

Federal Context

In October 2006, President George W. Bush signed into law H.R. 6061, known as the Secure Fence Act of 2006, which authorized the construction of physical barriers and additional checkpoints along the U.S.-Mexico border, marking a significant federal initiative to enhance border security.

Locally, in April 2006, Utah participated in the national “May Day” demonstration with Utah’s Dignity March. This remains the largest demonstration to date in Utah’s history with thousands marching in Salt Lake City for immigration reform from the City & County Building to the State Capitol. Participants, including families and children in white attire symbolizing peace, advocated for keeping families together and highlighted immigrants' contributions to society.

Thousands rally in Salt Lake City for immigration reform. (Nicole Gonzales, KSL)

2005

Federal Context

In 2005, the REAL ID Act became law, setting security standards for state IDs and driver’s licenses, and mandating compliance to be accepted by federal agencies.

 Concurrently, Utah enacted SB227: Public Safety Driving Privilege and Identification Card Amendments by Senator Bramble (R) on March 1, prohibiting the issuance of identification cards to undocumented individuals by state and local governments.

On March 1st, 2003, there was a complete shift in how the federal government fulfilled its role in immigration law with the use of the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), Immigration Customs Enforcement (ICE), and Customs and Border Protection (CBP) who took over the functions of Immigration and Naturalization Service (INS) that were then terminated.

During the Annual Legislative Session, members of the state legislature passed a House Joint Resolution 28 urging Congress to pass federal immigration reform. This same year, the Immigrant Workers Freedom Ride made a stop in Salt Lake City while on its way to Washington D.C. to urge Congress Members to pass immigration reform.

Federal Context

In 2002, there was a mix of pro-immigration and anti-immigration rhetoric and policies throughout the country. Unfortunately, the creation of the Department of Homeland Security (DHS) took over the functions of the Immigration and Naturalization Service (INS).

At the state level, Utah became one of the first states to allow undocumented students the opportunity to obtain an in-state tuition affidavit through the passing of HB144: Exemption from Nonresident Tuition by Representative Ure.

Federal Context

In 2001, the 9/11 attack began a change in the national immigration structure. Shortly after the attacks, Congress passed the USA PATRIOT Act which enhanced immigration enforcement.

Federal Context

The Immigration and Naturalization Service released the 2000 Statistical Yearbook that shared data and statistics on new arrivals.

Foundations of U.S. Modern Immigration: Pre-2000s

1900s

In the 1900s, U.S. immigration policy underwent significant changes, starting with the Emergency Quota Act of 1921, which limited immigration based on nationality quotas. The Immigration Act of 1924 restricted immigration from Asia and Southern and Eastern Europe with national origins quotas. During WWII, the Bracero Program of 1942 allowed Mexican laborers to work temporarily in the U.S., and the Displaced Persons Act of 1948 permitted European refugees to enter the country. The Immigration and Nationality Act of 1965 abolished the national origins quota system, introducing policies focused on reuniting families and attracting skilled labor. In 1986, the Immigration Reform and Control Act (IRCA) granted amnesty to millions of undocumented immigrants and imposed penalties on employers hiring undocumented workers. The Immigration Act of 1990 increased overall immigration limits and introduced the Diversity Visa Lottery.

President Lyndon B. Johnson signs the Immigration Act of 1965 at the foot of the Statue of Liberty on October 3, 1965, as Vice President Hubert Humphrey, Lady Bird Johnson, Sen. Edward Kennedy, Sen. Robert F. Kennedy, and others look on. (Photo: Yoichi Okamoto/LBJ Library)

In the 1800s, the Treaty of Guadalupe Hidalgo was signed on February 2, 1848, ending the Mexican-American War and granting U.S. citizenship to Mexicans in the newly acquired territories. The Homestead Act, signed into law on May 20, 1862, encouraged Western migration by providing settlers with 160 acres of public land. The 14th Amendment, passed by Congress on June 13, 1866, granted citizenship to all persons born or naturalized in the United States, including former slaves. The Chinese Exclusion Act, signed by President Chester A. Arthur on May 6, 1882, prohibited all immigration of Chinese laborers. In June 1982,  In June 1982, the Supreme Court issued a landmark decision in Plyler v. Doe, ruling that states cannot constitutionally deny students a free public education based on their immigration status. On January 1, 1892, Ellis Island Immigration Station began operations in New York Harbor, becoming the primary federal immigration station and processing millions of immigrants.

Treaty of Guadalupe Hidalgo [Exchange copy]; 2/2/1848; Perfected Treaties, 1778 - 1945; General Records of the United States Government, Record Group 11; National Archives Building, Washington, DC.

H.R. 125, An Act to Secure Homesteads to Actual Settlers on the Public Domain, March 25, 1862; Records of the U.S. Senate, RG 46.

On March 26, 1790, the United States Congress created the Nationality Act of 1790, establishing the first rules for naturalized citizenship in the United States, limited to free white persons.