UFIRE
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News & Views on illegal
Immigration in Utah
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Utah Legislation Update - Midway through the session

Utah legislators are trying to deal with the illegal immigration problem. While other states are clamping down on employment with enforcement legislation, many fear that Utah will be flooded with illegal immigrants, if action is not taken. Utah at present has very little enforcement and illegal immigrants are seeing Utah as a sanctuary state.

Utah's problem is driven by a desire for "cheap labor" from farmers and businesses, such as hospitality, construction, landscaping, restaurants, etc. "In today's society, you cannot find anyone to work on farms," said dairy farmer and former House Majority Leader David Ure. "There's not two kids in South Summit High School that know which end of a pitchfork to lean on." Provo Herald Feb 16. If this is the state of affairs and the work ethic of our youth, this country has a far worse problem than illegal immigration.

The second driving force is misplaced compassion for those who violate immigration, employment and other laws, to the detriment of the forgotten millions who patiently await legal permission to come the United States.

Utah Legislature Illegal Immigration Bill Overview

HB070 (Rep Sandstrom) Illegal Immigration Enforcement Act Even though Rep Sandstrom disapproves it is often called the Arizona type bill. It easily passed a house committee by a vote of 8 to 3 after three and a half hours of debate. Rep Sandstrom changed "shall" (mandatory) to "may" (allowed to) on enforcement in order to remove the fiscal note put onto it by the attorney general. It passed 58 to 15 on the House floor, but not before it was amended by Rep McIff removing the option of citizens filing a complaint against enforcement agencies that refuse to comply wth the law. HB070 now goes to the Utah Senate for consideration.

HB253 (Rep Herrod) Employment of Unauthorized Aliens Has also passed committee 9 to 4. But not before RINOs on the committee amended out major enforcement sections increasing from 5 to 15 the number of employees before the requirements of HB253 go into effect. HB253 now waits for hearing on the House floor.

SB138 (Sen Urquhart) Driver License Qualification Amendments would repeal the Driver's Privilege Card for illegal immigrants. It passed the senate committee 4 to 1, but floor amendments are anticipated on the floor to simply require fingerprinting. It awaits a hearing by the full Senate

HB191 (Rep Wimmer) Nonresident Tuition Waiver Amendments would repeal the subsidized instate tuition benefit for illegal aliens. It was heard by a House committee Feb 18^th It passed easily even though there was weeping and wailing not only from the citizens, but also from some of the committee. It passed 10 to 5 with a Republican, Rep Butterfield voting nay along with the 4 democrats. now awaits hearing on the House floor.

HB116 (Rep Wright) Guest Worker Program Act . This bill asks for a Utah waiver from the Federal government to allow employers to sponsor illegal immigrants to provide the cheap labor for dirty or manual work. It easily passed the house committee 6 to 1 Rep. Grover was the only one that had the courage to stand against the cheap labor employers and the illegal alien apologists.

SB0011S01 Worker Classification Coordinated Enforcement: Sen Mayne CoSponsor Rep Kiser

SB0035S02 Construction Licensees Related Amendments (Sen Mayne CoSponsor Rep Kiser)

Both easily passed the senate and the house. They relate to construction business license and LLC. Proof of citizenship or legal residency required. Everyone is now satisfied with bipartisan enforcement action.

The Utah Guest Worker proposals (AMNESTY) HB 116 and SB 60 (VERY SIMILAR BILLS):

Analysis of SB 60 PILOT ACCOUNTABILITY PERMIT PROGRAM

This bill purports to solve Utah's unauthorized alien problem by issuing "Accountability Permits" to allow them to remain in the state and work. A waiver would be required from the federal government to accomplish the vast majority of the proposed legislation.

While the Legislative Review Note refers to 8 USC 1324a prohibiting employment of unauthorized alien, it does NOT mention 8 USC 1324 which prohibits encouraging aliens to reside in the United States, which this bill does.

So, if approved, it will have the result of amnesty for those unlawfully present in the state of Utah, or rewarding illegal behavior. While awaiting waiver approval, it merely delays any solution and maintains the status quo.

Good Points (if implemented)

• It restricts the Accountability Permit from being used as identification.

• It identifies unauthorized aliens residing in Utah

• It acknowledges that even with the permit they are still unlawfully present

• It does not allow the permit to be used for any purpose other than employment

• it requires English Proficiency

• It collects a fee for the permit which may cover the administration costs of the program

• It has a two year residency requirement for an A permit

• Ir prohibits illegal alien from unemployment benefits.

Bad Points:

• It does NOT address the status of the unauthorized alien while waiting for waiver approval

• nothing is implemented until a waiver is granted

• A great amount of time, energy and money will be required to lobby for a waiver

• It has a two year residency requirement for an A permit

• It has no residency requirement for a B permit, thereby creating a new unlimited work visa?

• The A Permit refers to current unlawful residents of Utah, but the employment refers to future (not current) employment

• No requirement to see if other potential immigrants who have been patiently waiting are available for the job

• No penalties on employers who have violated the law in the past

• No penalty for permit holders for past illegality

• It violates the first principle of the Utah Compact "Immigration is a federal policy issue"

HB 116 - in order to be  a guest worker you simply need to be a current illegal alien in Utah.    

238          35A-8-302. Eligibility criteria to obtain and maintain a guest worker permit.
             239          (1) To be eligible to obtain or maintain a guest worker permit, an undocumented
             240      individual shall:
             241          (a) (i) be 18 years of age or older; or
             242          (ii) if younger than 18 years of age, have the permission of a parent or guardian;
             243          (b) live in Utah, but not be lawfully present in the United States;
             244          (c) have worked or lived in the United States before May 10, 2011;

 AMNESTY or Encouragement in violation of 8 USC 1324 or both - take your choice 

 8 USC § 1324. Bringing in and harboring certain aliens

(a) Criminal penalties

(1) (A) Any person who—

1. encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law;

2. . . . . shall be punished as provided in subparagraph (B).

Background history on Instate tuition for illegals:

Debate on Instate Tuition bill original implementation   The audio debate on HB 144 can be found here. The audio lasts 46 minutes Sponsor Ure's bold comment about 10 minutes in.

Rep Ure (Bill Sponsor) matter of economics - $16k "investment" in education - will give lifetime benefits Congress in turmoil on issue "only 10-20 people" will be involved in Utah

Ure: in response to proposed amendment: paraphrase: "Bill will not go into effect until US Congress allows it. That provision is in the bill.

The AG opinion which "allowed" implementation based its conclusion thusly: "We have not found applicable judicial opinions interpreting 8 U.S.C. Section 1623, so there is always the possibility that a different or more strict interpretation might be applied by the courts, but on its face, at this preliminary juncture, we are of the opinion that it does not override Utah's tuition statute." 

Two Court Cases have now come forward

CA appellate court found the similar CA law invalid.  While the CA Supreme Court overturned that decision, the CA law was slightly different in saying that it didn't need to comply with federal law, whereas Utah law specifically said it did.  There is a tremendous potential liability (probably $10's of millions) to Utah, if the nonresidents sue and win.  California Court on In-state Tuition for illegals     The CA Court decision has now been appealed to the US Supreme Court

IRLI Seeks Supreme Court Review of California

Decision to Allow In-State Tuition for Illegal Aliens

Submitted by IRLI Staff on Fri, 02/18/2011 - 15:33

On February 14, 2011 the IRLI filed a Petition for Writ of Certiorari, asking the United States Supreme Court to review the California Supreme Court's November 2010 decision in Martinez v. Board of Regents, which upheld a California State statute that grants in-state tuition to illegal aliens.  "The California Supreme Court wrongly held that states can give resident tuition benefits to illegal aliens despite the federal ban, as long as they use a semantic proxy, such as attending a California high school," said IRLI attorney Garrett Roe.

The entire 50 page brief (maybe 5 pages in nonlegal text) is posted - Excerpts:

Review is Warranted Because the California Supreme Court's Decision, if Allowed to Stand, Permits a State to Ignore the Manifest Intent of Congress and Renders an Act of Congress a Dead Letter.

Read in a vacuum, the text of 8 U.S.C. § 1623 permits two possible interpretations. Either it was intended to prevent states from offering resident tuition rates to illegal aliens, or it was only intended to prevent states from offering resident tuition rates to illegal aliens using a "residence" criterion. Read in the context of contemporaneous statutes and legislative history, only the first interpretation is plausible.

* * *

CONCLUSION

If this Court does not grant Petitioners' Writ, California and other states will be able to frustrate Congress's manifest intent as expressed in 8 U.S.C.§ 1623 by granting resident tuition rates and other residency-based financial aid to illegal aliens. That federal statute will become a dead letter in any state where the legislature is willing to play semantic games to defeat the objectives of Congress. Additionally, if this Court does not grant Petitioners' Writ, California will continue to ignore this Court's post-Geier preemption doctrine, reviving the confusion that this Court attempted to end a decade ago.

Votes on HB253, HB070, HB191, SB138: SB060 & HB116

HB070 Feb 11^th (Good Bill) Rep Sandstrom

Yea: Butterfield, D. Nay: Arent, P
    Eliason, S. Litvack
    Greenwood, R. Seelig
    Grover, K.
    Hughes, G.
    Ipson, D. Absent Wright
    Oda, C.
    Perry, L.

House Third Reading vote on HB070 58 to 15 (passed) Rep McIff amendment took away the citizen's right to sue an agency that refused to comply with the law. Rep Christensen attempted an amendment that would ask for a Guest Worker Permit to be added to it. Yeas all GOP except Demos Nays all Demos except GOP

YEAS - 58

Anderson; Edwards; Kiser; Ray; Barrus; Eliason; Last; Richardson;

Bird; Fisher, Julie; Mathis; Sagers; Brown, D; Froerer; McIff; Sandstrom;

Brown, M; Galvez; Menlove; Sanpei; Butterfield; Gibson; Morley; Sumsion;

Christensen; Greenwood; Newbold; Vickers; Clark; Grover; Nielson; Webb;

Cox; Handy; Noel; Wilcox; Daw; Harper; Oda; Wilson; Dee; Hendrickson; Painter;

Wimmer; Dougall; Herrod; Perry; Wright; Draxler; Hughes; Peterson, V; Lockhart;

Duckworth, S; Ipson; Pitcher; Dunnigan; Ivory; Powell;

NAYS - 15

Arent; Cosgrove; Moss; Watkins; Biskupski; Fisher, Janice; Peterson, J;

Wheatley; Briscoe; King; Poulson; Wiley

HB253 Feb 14 Employer Verification (good bill) Rep Herrod

After Rep Herrod took out the requirement for county attorneys to investigate worksite violation of immigration law, Members of the committee changed the requirement for employers with over 5 employees be required to use E-Verify. The number was returned to 15 employees.

YEA:

Duckworth, S. 
    Dunnigan, J. 
    Froerer, G.
    Gibson, F. 
    Ipson, D.
    Kiser, T.
    Last, B.
    Morley, M.
    Pitcher, D.

Nay: Bird; D. Brown;  Webb;  Wiley

Absent  Wright

HB191 (Rep Wimmer) Eliminates Instate Tuition for Illegal aliens (good bill)

Passed Committee Feb 18 10 to 5

Yeas - 10
    Brown, M.
    Clark, D.
    Dougall, J.
    Fisher, Julie 
    Froerer, G.
    Harper, W.
    Newbold, M. 
    Nielson, J.
    Painter, P.
    Wimmer, C.

SB0138 Sen Urquhart Driver License Qualification Amendments (Hinkins Co-Sponsor)

Click Here for commentary on DPC

Eliminates Driver's Privilege Card. Passed committee 2/9/2011

Yeas – 4
    Adams, J.
    Jenkins, S.
    Knudson, P.
    Van Tassell, K.

Nay-1

Senator Luz Robles

Does Utah state Senator Luz Robles Represent Utah, or Does She Have a Conflict of Interest?  You Decide. The goal of this document is to accurately convey Ms. Robles' activities and to place the decision for further research or action into your hands.  Any misinterpretations of Senator Robles' actions or views or that of the CCIME are unintentional.  Read the Document

Salt Lake Chamber

The Salt Lake Chamber of Commerce is arguably (and self-proclained) the largest and most influential chamber in the State if Utah.  Chamber representative frequently lobby and testify against any type of illegal alien enforcement. 

In 2008, the Chamber promoted a resolution for a federal solution (amnesty), and late in the year presented a plan to protect the illegal worker in Utah:

"This plan will allow for Utahns to deal with this population in a fair manner by giving each undocumented immigrant an opportunity to be classified as a guest worker and receive a two-year immigration benefit that has the possibility of being renewed."

The Chamber website currently lists 272 Companies in their upper echelon membership levels. From the Oct 2010 list of Everify registrants in Utah, 107 are found with a registration (MOU) date, 137 were NOT found,  about 40 may be covered by the national company.  This is about a 35% confirmed compliance rate. Click Here for the full report on the Chamber

UFIRE Newsletter June 2009