UTAH STATE CAPITOL—A controversial bill that would prevent those in Utah illegally from getting public services has caused debate among lawmakers both for and against it. HB88, sponsored by Rep. Trevor Lee, R-District 16, requires “lawful presence for receipt of a state or local public benefit or a federal public benefit the state administers.”

“This bill that I’m presenting on today is something that I believe is a very common sense approach to something that can be a very sensitive subject in the state of Utah and around this country,” Lee told the House Law Enforcement and Criminal Justice Committee meeting Feb. 17. “I do believe that this is a common sense approach to not just be rational, but also our physical, moral and ethical responsibility as legislators. It’s also to act in the best interest of our constituents in our state.”

Lee shared a quote he said hits it really well. “‘Compassion stops at the door of responsibility.’ FAIR, the Federation for American Immigration Reform, purported in a 2024 report that illegal immigrants cost American taxpayers or American citizens $150 billion annually in services and support.”

Now, of course this is going to be a burden variant by state, he said. “Estimates for illegal immigrants in Utah vary widely. But according to FAIR, 500,000 illegals with their 48,000 U.S. born children live in Utah. Among those are 54,188 students who cost taxpayers $743 million in education. Law enforcement, legal and correction services cost another $17 million annually with $179 million in health care and $17.8 million in public assistance.”

Beyond these direct costs, there are hidden and long term streams in health care and in the health care system, education system, criminal justice system and job market including depressed wages, identity theft and increased demand for public assistance, said Lee.

The consequences of incentivizing illegal immigration go far beyond the fiscal concerns, he said. “It undermines our laws, it weakens our economic stability and is unfair to those who follow the legal immigration process. By diverting taxpayer funds away from legal, law-abiding citizens in need, we create resentment and division making integration harder for legal immigrants and complicating meaningful policy reforms.”

Those in opposition voiced their opinions to the committee members as well. “I’m the Child Nutrition Advocate for Utahns Against Hunger,” said Neil Rickard. “I want to speak to the impact on pantries. Pantries across the state rely either directly or indirectly on TEFAP (emergency food assistance program) funding as well as a number of other federal revenue streams to provide benefits.”

Rickard said the Utah Food Bank alone anticipates $500,000 in cost associated with compliance to HB88 and many smaller pantries are going to have to contribute limited time and effort making sure that they are compliant if this passes. “Some pantries may indeed have only donated goods but most of them, to some degree, rely on federal or state funding.” 

“I represent those without a voice,” said another woman. “My only sister lived on the streets of Salt Lake City for nearly 20 years. During that time she struggled to keep hold of her legal identification card. U.S. citizens without ready proof of lawful status, who are unhoused and or poverty stricken, will be a casualty of HB88.”

“It’s not the poor immigrant family that sets out to abuse these needed funds but those who work in organized crime and illegal trafficking that manipulate our services,” said another man. “Sadly, I’ve seen more abuse than sensible use. I encourage all of you to support getting this bill out of committee and to the floor where I hope it will pass.”

“I’m a local pediatrician here to speak on behalf of the American Academy of Pediatrics, Utah Chapter in opposition to HB88,” said Dr. Sarah Shear. “This bill is a direct threat to the health and well being of Utah’s children and families by requiring verification of immigration status for all public assistance, including public health services like a vaccination and communicable disease testing and treatment.”

This bill risks worsening our outbreaks of measles, whooping cough, and flu in communities across the state that affect U.S. citizens and undocumented people alike, she said. “We urge you to vote no on HB88 to protect all of Utah’s kids and families.”

The committee voted to advance HB88 to the House. As of Feb. 18, the bill was on House 3rd Reading. To follow the legislative session go to https://le.utah.gov/.