UTAH GOP on employer verification

The Utah Republican Party recently weighed in on the illegal alien issue by overwhelmingly passing a Resolution calling for Employment verification to support employment of Utah's legal residents at a recent State Central Committee meeting.

The GOP resolution supported a unanimously passed Utah House 'joint' resolution (HJR 25) which died on the Senate calendar at the time deadline closing the 2009 legislative session.

Resolution on Employment Verification

• WHEREAS, we the State Central Committee of the Utah Republican Party, are fully supportive of the employment of Utah's legal employees, and
• WHEREAS, we fully support the Republican National Committee Platform on immigration: "Our commitment to the rule of law means smarter enforcement at the workplace, against illegal workers and lawbreaking employers alike, along with those who practice identity theft and traffic in fraudulent documents. As long as jobs are available in the United States, economic incentives to enter illegally will persist. But we must empower employers so they can know with confidence that those they hire are permitted to work."
• WHEREAS, we support resolution HJR 25 which was passed unanimously by the Utah House on February 27, 2009,
• To wit:
• "Be it resolved by the Legislature of the state of Utah:
• WHEREAS, the economies of America and Utah are facing unprecedented challenges;
• WHEREAS, in December 2008, unemployment in Utah was 48% higher than in December 2007, and the rate is projected to increase significantly in the coming months;
• WHEREAS, Utah employers who violate federal employment laws by hiring persons who are unauthorized to work in the United States place an undue economic burden on Utah employers who attempt to hire only persons who are authorized to work in the United States;
• WHEREAS, certain Utah employers use unauthorized workers to create an unfair competitive advantage over competing employers by shifting their burden to taxpayers and citizens through the avoidance of payroll taxes, neglecting to withhold income taxes, failing to provide health insurance coverage, hiring employees using fraudulent documents and stolen identities, and ignoring workers' compensation insurance requirements;
• WHEREAS, thousands of authorized Utah workers are losing their jobs while unauthorized workers continue to be employed and to compete for jobs with Utah citizens and legal residents;
• WHEREAS, legal immigrants, who have made great sacrifices to follow the law, often suffer the most from these unauthorized workers and must wait longer to bring their family members to this country
• WHEREAS, unauthorized workers are more likely to suffer exploitation and unfair treatment by employers who pay substandard wages, fail to compensate overtime, fail to comply with recognized industry safety standards, and deny payment for work done;
• WHEREAS, 1,626 Utah companies were found to be paying salaries to individuals with Social Security numbers of Utah children under age 13; and
• WHEREAS, Utah employers have expressed their desire to have a legal workforce and their willingness to confirm worker status
• NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah urges employers in Utah to take all steps possible to verify the documentation of an employee's legal status to ensure that they preserve the jobs of American citizens and legal residents, protect Utah employers who comply with state and federal employment laws, control job-related identity theft, and ensure that the economy and taxpayers of Utah are not unduly burdened when unauthorized workers are employed and their status exploited.
• BE IT FURTHER RESOLVED that a copy of this resolution be sent to each of Utah's Chambers of Commerce, the Utah Labor Commission, and the Utah Department of Workforce Services." (End HJR25)
• THEREFORE, BE IT RESOLVED that this State Central Committee fully endorses this resolution,
• BE IT FURTHER RESOLVED that this resolution be also sent to all Republican members of the Utah Legislature, and Utah members of the US Congress.

LDS Church and the missionary effort

An interesting piece from Arizona on the LDS missionary effort in the illegal alien community:

Excerpts:
"Latinos overwhelmingly are raised Catholic, but the Church of Jesus Christ of Latter-day Saints is aggressively reaching out to them by touting the religion's heavy focus on family and community, pillars of the Mormon faith that are also at the center of Hispanic culture.
As a result, Latinos are joining the Mormon Church at a greater rate than members of any ethnic group, even Anglos, church leaders say. " . . .

"Some state lawmakers, on the other hand, are trying to drive illegal immigrants out of Arizona.
(Sen. Russell ) Pearce said his immigration legislation, including the state's 15-month-old employer-sanctions law, is rooted in the Mormon Church's 13 Articles of Faith.
"We believe in laws and the sustaining and obeying of the laws of the land," Pearce said.
At the same time, Pearce said he is sympathetic toward illegal immigrants.
"I tell you, most of these are good people," he said. "But you are still taking jobs from Americans, suppressing wages and breaking the law. We can't tolerate that."
Still, he doesn't believe Mormons are undermining his efforts by reaching out to Latinos.
"They are not providing sanctuary policies for them, unlike some folks who hide behind their religious status and are (promoting) sanctuary policies. This church simply doesn't ask (about immigration status)."
Some Mormons, though, think the Pearce-led crackdown hurts immigrant families, including the U.S.-born children of illegal immigrants, and goes against the Mormon faith's emphasis on families and compassion.
Pearce's role in the immigration legislation has fueled perceptions that the Mormon Church is behind the crackdown.
Wilford Andersen, a member of church's Southwest governing body, said Pearce does not speak for the church.
"Just like any church, there are people with different opinions," Andersen said. "People have the right to disagree on political issues and the right to consider issues carefully and come to their own conclusions, and we respect that, as do other churches."
The church has not taken a position on immigration, Andersen said.
"But we feel it is our responsibility to minister to all of God's children, regardless of (immigration) status," he said.
Immigration has touched off a "quiet revolution" within the Mormon Church, said Garcia, the Brigham Young professor.
The church sees Latinos as the best opportunity for growth because of their numbers and openness to new faiths, but there is resistance from Mormons who tend to be conservative Republicans, he said."

A plethora of comments have been made on the online article.

The LDS Church and Immigration (part 2)

I have been receiving queries concerning the LDS Church's position on illegal immigration, as a result of testimony by a witness, apparently using his Church credentials to lend credibility to his testimony, at the Senate Hearing on SB113 (Bill to delay implementation of SB 81) Transcript of that testimony below.
(Incidentally, I fully favor implementing SB 81 as soon as feasible)

Here is an update of a previous post on the LDS Church on the issue. I am neither a general authority, nor an official spokesman; I could cite my ecclesiastical experience but I choose not to, as I personally feel it inappropriate to give the impression that I am a spokesman for the church, merely a member.

I believe, the LDS Church has officially taken NO POSITION on illegal immigration.
To wit:

• From the 2004 DNews article "LDS Church spokesman George Monsivais said, reading from a prepared statement at a Thursday morning press conference. The church repeats its oft-stated caution to members that they should never infer that the church endorses their personal political positions."
• In an official 2006 LDS Church Press Release, "The Church of Jesus Christ of Latter-day Saints has over a million members in Mexico. It does not encourage them to move to Utah or anywhere else. The Church, in fact, has made no comment so far on the immigration debate, recognizing that this complex question is now before Congress and is already being thoroughly aired in the public square."
• In a more recent DNews article, 2008, (Elder Marlin K.) "Jensen said the LDS church has taken no position on any particular measure on the federal or state level." "The current debate in our state Legislature is evidence of the very strong feelings that surround this issue," Jensen said. He noted that LDS leaders had recently issued a "very sincere plea" to lawmakers to consider the issue with humanity and compassion."

Public Hearings on Utah Senate Bill 113 3/2/2009 4:10 pm An effort to delay enforcement of Senate Bill 81, passed in 2008 and set to take effect in July of 2009. SB81 was tailored after an Oklahoma bill designed to crack down on illegal aliens.
Comments from Kevin Taylor of the LDS Church
My name is Kevin Taylor. I am a trustee for the Liahona Self-reliance Foundation, which is organized in concert with the LDS Church's Salt Lake City Inner City Project which serves the Spanish branches in the Salt Lake valley. I'm also the Administrator of the OP Program of the LDS Church's Perpetual Education Fund.
In this capacity as a Service Missionary in the Inner City Project I have the opportunity to work with the 66 Branches and Wards of Spanish- and Portuguese-speaking members throughout the valley.
I'm here to speak in favor of SB113 which delays SB81. In my view and in my experience I believe that SB81 essentially constitutes what I would call tweaking of the law where there really is a need for comprehensive reform of immigration.
I'm especially concerned about the deputization of local law enforcement officers to act as immigration agents. I fear for the impact, not just on that community, but for the safety of all of us. I believe that not just the Hispanic population is affected, but all of us are as this group of people are dissuaded from cooperating with the police in criminal investigations as has been indicated earlier.
I'm very concerned that the people who are here who are out of status for various reasons are here for the purposes of family reunification, economic survival, and they are here really expressing gratitude for the law. It is sort of a dilemma, that they really are in favor of the law of the land here because where they come from they don't have the benefit of the law.
And it's a concern to me that where these people often come from countries where they cannot trust local law enforcement we would take action that would create the same situation here where they would not feel it appropriate in their own interest to communicate and cooperate with law enforcement in trying to solve serious violent crimes.
I'm also concerned about the fiscal amount and I think our money would be much better used in service of investigating and prosecuting violent crime and not to make life harder for the people that we serve.
Thank you.

2009 Legislation Watch

Some Bills to watch on Illegal Immigration:

Remember Official English??

In the effort to accommodate illegal aliens, many in Utah seem to have forgotten the Official English law passed 2-1 by the citizens of Utah voting on the Initiative in 2000.

What in this Utah law requires, or allows, any state agency to print ANYTHING in Spanish, or any other language, offering participation in a government program (perhaps federal law??)

"¡Bienvenido! Aplicar por internet es la manera mas rápido y sencillo saber si califica para CHIP, PCN, oUPP.."

Are these documents "required" by public health and, if so, why, and by whom?

Is "law enforcement" requiring the Drivers License division to print this manual? Manual del conductor del estado de Utah (2008)
Is the Utah Geological Survey Preguntas comunes acerca de Gran Lago Salado de Utah y de antiguo Lago Boneville expending state funds in violation of section (6) below.

63G-1-201. Official state language.

• (1) English is declared to be the official language of Utah.
• (2) As the official language of this State, the English language is the sole language of the government, except as otherwise provided in this section.
• (3) Except as provided in Subsection (4), all official documents, transactions, proceedings, meetings, or publications issued, conducted, or regulated by, on behalf of, or representing the state and its political subdivisions shall be in English.
• (4) Languages other than English may be used when required:
• (a) by the United States Constitution, the Utah State Constitution, federal law, or federal regulation;
• (b) by law enforcement or public health and safety needs;
• (c) by public and higher education systems according to rules made by the State Board of Education and the State Board of Regents to comply with Subsection (5);
• (d) in judicial proceedings, when necessary to insure that justice is served;
• (e) to promote and encourage tourism and economic development, including the hosting of international events such as the Olympics; and
• (f) by libraries to:
• (i) collect and promote foreign language materials; and
• (ii) provide foreign language services and activities.
• (5) The State Board of Education and the State Board of Regents shall make rules governing the use of foreign languages in the public and higher education systems that promote the following principles:
• (a) non-English speaking children and adults should become able to read, write, and understand English as quickly as possible;
• (b) foreign language instruction should be encouraged;
• (c) formal and informal programs in English as a Second Language should be initiated, continued, and expanded; and
• (d) public schools should establish communication with non-English speaking parents of children within their systems, using a means designed to maximize understanding when necessary, while encouraging those parents who do not speak English to become more proficient in English.
• (6) Unless exempted by Subsection (4), all state funds appropriated or designated for the printing or translation of materials or the provision of services or information in a language other than English shall be returned to the General Fund.
• (a) Each state agency that has state funds appropriated or designated for the printing or translation of materials or the provision of services or information in a language other than English shall:
• (i) notify the Division of Finance that those monies exist and the amount of those monies; and
• (ii) return those monies to the Division of Finance.
• (b) The Division of Finance shall account for those monies and inform the Legislature of the existence and amount of those monies at the beginning of the Legislature's annual general session.
• (c) The Legislature may appropriate any monies received under this section to the State School Board for use in English as a Second Language programs.
• (7) Nothing in this section affects the ability of government employees, private businesses, non-profit organizations, or private individuals to exercise their rights under:
• (a) the First Amendment of the United States Constitution; and
• (b) Utah Constitution, Article 1, Sections 1 and 15.
• (8) If any provision of this section, or the application of any such provision to any person or circumstance, is held invalid, the remainder of this act shall be given effect without the invalid provision or application.

Illegals Instate Tuition should be REPEALED

The SL Tribune recently reported on the upcoming California Supreme Court hearing on Instate Tuition for illegal aliens which is virtually the same as the Utah law.

In sanitizing the original LA Times article, all references to "illegal" immigrant were replaced with the politically correct "undocumented" immigrant. Also missing from the article were many of the very poignant statements by the plaintiffs, such as:

• "U.S. citizens should have at least the same rights as undocumented immigrants," said one of the plaintiffs, Aaron Dallek, an Illinois native who graduated from UC Berkeley in 2006.
  
• Another plaintiff, 2006 UC Davis graduate Onson Luong, said he didn't think it was fair that he, as a native of Nevada, had to pay higher tuition than illegal immigrants.
  
• Michael Brady, who represents the out-of-state students and their parents in the case, said California is "completely undermining the intent of Congress" and that the state law should be invalidated because it violates federal immigration law. . .

As the Utah Attorney General’s office opined in a 2002 letter to the University of Utah: "This Utah statute provides, by its own terms, that it is only operational ""[i]f allowed under federal law"". Federal law places limitations on a state allowing higher educational benefits to aliens who are not lawfully present in the United States unless the same benefits would be available to any other individuals in the United States regardless of whether they are residents of Utah." . . .

Utah passed Instate Tuition predicated on the passage of the proposed so-called Dream Act, which would have allowed States the option to offer reduced tuition to illegal aliens. Click here to listen to the actual floor debates in 2002.

When posted in the Utah Office of Education regulations (R513-13) the phrase "If allowed under Federal law," was omitted. The Dream Act has never been passed.

The Utah AG letter went on to say: "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."

A California Appeals Court (Martinez v. Regents of U.C. 9/15/08 CA3) has now issued an opinion: "As we shall explain, the three-year attendance requirement at a California high school is a surrogate residence requirement. The vast majority of students who attend a California high school for three years are residents of the state of California. Section 68130.5 thwarts the will of Congress manifest in title 8 U.S.C. section 1623."

That appellate court decreed that all US Citizens paying non resident tuition would be eligible for reimbursement for the excess payment above the resident rate. The potential to the taxpayers of Utah for such a decision in voiding the Utah instate tuition could easily be in the $10's, or even $100's, of millions.

Additionally, upon graduation, the undocumented immigrant graduate can still not LEGALLY obtain employment in the United States.

In addition to being in violation of the federal law on tuition, allowing that reduction also appears to violate federal law declaring it illegal to aid, abet or "encourage or induces an alien to come to, enter, or reside in the United States, knowing . . . that such . . . residence is or will be in violation of law;" US Code Title 8, sec 1324 .

Instate Tuition for illegal immigrants should be repealed by the Utah legislature - this year - to comply with federal law, avoid huge potential costs and be fair to US citizens, regardless of what the California Supreme Court decides.

2009 Legislative Session in January

The upcoming session of the Utah legislature should remind everyone of the continuing need for legislation stemming illegal immigration in the state (SB 81 was a good start). At a minimum, two issues need to be rectified - Instate Tuition and Driver Privilege Cards.

Hopefully, legislators (and voters) will remember last year's Press Release on the subject:

*****PRESS RELEASE*****
For questions contact Rep. Carl Wimmer 801-608-4763
Key Utah Legislators oppose The Border Security and Immigration Reform Act of 2007

As Legislators in the Utah House of Representatives we stand together to call upon our Senate and Congressional delegation to oppose the Border Security and Immigration Reform Act which the senate will be hearing this week.

This so-called "Immigration Reform" highlights the failure of our federal government, to protect our sovereign rights as a country. Instead of enforcing the current laws passed by Congress and signed in 1996, the current Congress seems determined to vote on new laws that will most likely not be enforced. It is truly government at its worst.

Unfortunately Congress is too often willing to accept poor law simply because there are a few quality compromises within it. In this comprehensive and lengthy bill, Title’s I, II and III are outstanding pieces of legislation and completely worthy of support. These titles deal with the realities of the situation at hand and would increase the enforcement of our current laws. They would clearly create greater security for our country but unfortunately the bills up side end in Title III.

With the sole exceptions of the above three titles, the Border Security and Immigration Reform Act is nothing more than an all out blanket amnesty bill. The law is aimed at giving a complete, quick and lawful status to those who have broken our country’s law’s, does the rule of law mean nothing anymore?

We reject such amnesty, as a reward for those who have lied, cheated and broken the rules to get into our country. Such a plan gives preference to those who have violated the law over those who have followed the law and patiently await legal entrance into the United States. The message we are sending is that if you break the law you will be rewarded.

As Utah legislators, we must continually deal with the complete and utter failure of the federal government to secure our borders and enforce our current laws. It is incomprehensible that Congress would propose another amnesty plan after the dismal failure of the 1986 amnesty that has helped lead us to this point.

A recent estimation in regards to the cost of amnesty and earned citizenship for just 7.9 million amnesty recipients would be $2.4 trillion, a cost that must be born by the American taxpayer. It is unconscionable that any legislator could vote for a measure of this magnitude without knowing and debating all the costs involved.

The Border Security and Immigration Reform Act has a few quality ideas which may help alleviate the current immigration problem, unfortunately most of the bill is corrupted with ideas such as amnesty and rewarding those who blatantly broke our laws. If this bill passes, we will never again be able to say to our children and grand-children that cheaters never win. It is our belief that no responsible elected official would consider voting for this fraud which is being offered as "comprehensive reform" in the U.S Senate.

Rep. Carl Wimmer
Rep. Greg Hughes
Rep. Ken Sumsion
Rep. Keith Grover
Rep. Curtis Oda
Rep. Glenn Donnelson
Rep. Chris Herrod
Rep. Steve Sandstrom
Rep. Mike Morley
Rep. Brad Daw
Rep. Aaron Tilton

Immigration Reform - or ENFORCEMENT?

The Utah Legislature’s Interim Immigration Committee will finish its series of hearings this week designed to discuss and consider issues concerning unauthorized or illegal immigrants in the State of Utah. Apparently efforts are being launched to further weaken, or repeal, the omnibus immigration bill SB 81, which offers some reasonable solutions toward enforcement of existing federal immigration law.

Let’s review a few recent happenings in the immigration news.

• Last week, a study was released by FAIR on the cost to taxpayers for our neighbors in Colorado. That cost is estimated at approximately $1.1 Billion annually.
• The Texas Legislature also issued a report declaring that in healthcare, alone, of illegal residents of Texas "cost the Texas government (meaning taxpayers) and local hospital districts $678 million in a year." (Fort Worth Star Telegram).
• Locally, Kraftmaid laid off 813 in Utah, Bally’s closed, Rio Tinto (Kennecott) announced layoffs, construction employment is reported down in Utah by the thousands. Nationally unemployment claims are increasing.
• On the legal front, an Appeals Court in California declared Instate Tuition for illegal aliens unconstitutional and decreed all US citizens paying Non Resident tuition should have the difference refunded. Based on residency/school attendance, the California law is similar to the Utah law. There were many warnings given that this concept was in violation of Federal law. Utah will continuing to be subject to tremendous potential liability for millions of tax (education) dollars to those paying nonresident tuition.
  The crux of that federal law is "an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident."
• From Arizona, in October, the Maricopa County Attorney released a report which stated "an analysis of all defendants sentenced for felonies in 2007 in Maricopa County Superior Court shows 18.7% to be in the United states illegally." It further reports that illegal immigrants account for 9% of the total population but 16% of violent crimes, 18% of property crimes, 33% of drug crimes and 85% of criminal impersonation or false ID and 96% of human smuggling.

There are effectively two predominant Federal laws concerning immigration that Utah has trouble complying with. First, it is unlawful to EMPLOY an illegal alien. (US Code Title 8, sec 1324a) Second, it is unlawful to aid, abet or encourage an alien to reside on this country (US Code Title 8, sec 1324).
Utah has enacted a Driver Privilege Card, designed specifically foe undocumented immigrants, in can be obtained by simply using two documents as identification, a Matricula Consular card and an ITIN. The Matricula is issued by the Mexican Consulate, the ITIN (Individual Taxpayer Identification Number) is issued by the IRS. An application for an ITIN does not verify identity and is not to be used for identification, according to the IRS.
The supporters of undocumented workers apparently now want to "kill" SB 81 and substitute either a study of the costs of illegal aliens or try to obtain a waiver from the federal government to allow a guest worker program for the State of Utah. This proposal seems designed to accommodate the CURRENT illegal population, NOT to offer compassion to the millions who would love to enjoy the fruits of their labor in jobs now held by illegal aliens, if there will be any left after more unemployment occurs in the midst of this economic recession.

While mentioning health care cost, the proposal ignores education costs which a Utah Legislative audit estimated at a minimum $55 to $97 million three years ago. The 2006 Mexican Consulate sponsored study by the University of Utah stated "Hispanic students will become an ever larger share of Utah’’s students in coming years. In 2001-2002, Hispanics accounted for 5.2% of Utah’’s high school graduates (WICHE, 2003). Given current school enrollments, in 2011-2012 they will account for 14.9% of the graduates, and by 2017-2018 that share will rise to almost 24%."

Census reports confirm this and show large increases in the Hispanic population in Utah, above 25% in many locations and a large general increase in the Hispanic population. It is generally acknowledged a preponderance of illegal immigration comes from south of the border. A student body of merely six percent would indicate an annual cost of $240 million out of the $4 billion school budget.

Immigration Reform (amnesty) may be forthcoming from the federal government. Hopefully, enforcement and economics may cause some reduction in numbers before that happens. If we choose to attempt the guest worker route, we should at least encourage a resolution of the birthright citizenship fallacy. Most countries require at least one citizen parent.
A national Guest Worker program for new workers may a better choice than amnesty (or sale of US citizenship to those who have successfully evaded the law) but it, too, could reward illegal action and behavior. A timely implementation of a strengthened SB 81 will assist in attrition through enforcement AND help to balance Utah’s budget and lower tax burdens.

SL Chamber proposes permanent "guests"

The SLC Chamber plan proposes to make Utah's illegal aliens permanent "guest workers."

"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."

Note also that that there is no mention of (the elimination of) Birthright Citizenship or covering EDUCATION Costs required by a 1985 Supreme Court decision.

While (marginally) better than offering a "Pathway to Citizenship," the proposal does offer virtually permanent residency through renewals.

Question: Does the illegal get priority for the job at the end of 2 years?

There appears to be NO requirement to ever leave the country as long as there is employment.
Will they be eligible for unemployment benefits, welfare payment, food stamps, or other "benefits?"

The policy of hiring citizens first, as noted in the SLTribune "Guest workers could only fill positions that no qualified U.S. worker wanted." is buried within the comment that "no eligible domestic workers have been identified for the position."

Further the DNews reports, suggests this proposal will cause a LARGE INFLUX of illegals:
"An outline of the plan Smith distributed to lawmakers said the enhanced law enforcement efforts would be necessary to stem a possible "large influx of undocumented workers who may be attracted to Utah's new program."

If enhanced law enforcement will be required, why not just enforce the current law, then create a guest worker program for those millions who are patiently waiting to come to our fair country?

The proposal suggests that "if individuals have a criminal history that includes any felony or other serious offense (yet to be determined), that individual will not be eligible for this program." If the illegal alien / undocumented worker is now working here haven't they already commited the crime of illegal entry and, probably, ID theft or fraud to obtain a job?

While providing lip service to hiring actual foreigners (living outside the US) the plan is definitely oriented towards the illegals now within the State of Utah. "The key issues that must be addressed include . . . Utah’s current undocumented population and its affect on resources"

This proposal may be the key that will be used to delay implementation of SB81 provisions while waiting for DC to allow the waiver, while DC works on AMNESTY (or sale of citizenship to those who ahve successfully evaded the law long enough.

I believe Sen. Howard Stephenson called the plan "brilliant" on the "redmeat" radio program. Click here for a one hour dissertation on the proposal (it does have fast forward seek capability.

Driver Privilege Card Audit

Utah study verifies that Driver Privilege Cards are issued to illegal aliens. This seems to be a criminal violation of 8 USC 1324(a)(1)(A)(iv) "Any person who— 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 shall be punished as provided in subparagraph (B). "

Earlier this year the Utah Legislature received a "Follow-Up of Sample Matching Driving Privilege (DP) Cards to Vehicle Insurance" reporting on the 'success' of the Driving Privilege Card for illegal aliens.
The report indicates that 76% of DP holders have auto insurance as compared to 82% of regular license holders. (The 2005 Original Audit did not discuss insurance compliance, it DID discuss VOTING by holders of ITIN issued licenses)

According to the IRS : "ITINs are not valid identification outside the tax system. Since ITINs are strictly for tax processing, IRS does not apply the same standards as agencies that provide genuine identity certification.ITIN applicants are not required to apply in person, and IRS does not further validate the authenticity of identity documents. ITINs do not prove identity outside the Federal tax system, and should not be offered or accepted as identification for non-tax purposes." (Whether taxes are actually PAID is another question) - "ITINs are for federal income tax purposes only. Getting an ITIN does not change your immigration status or your right to work in the United States."

The report says "It is interesting to note that the driving privilege cardholders have
increased by 39 percent in a two-year period from about 25,000 in 2005 to 34,799 at year-end 2007." This compares to 58,000 driver's licenses issued previously to ITIN users (illegals) before DP's. However, "98.3 percent are coded in the Driver License Division’s database as being obtained by ITIN (34,193 DP cards). The remaining 606 DP cards are coded as “legal presence” (1.7 percent of total DP cards), meaning the DP cards were obtained through documents supporting legal presence." Which can be concluded to mean that the remaining are, in all likelihood, ILLEGALLY present and are being "encourage(d) . . . to come to, enter, or reside in the United States, knowing , , , that such coming to, entry, or residence is . . . in violation of law."

This is, of course, merely a continuation of the previous policy of issuing actual Drivers License to illegal aliens - as reported in the study: "In 2005, there were 37,000 ID cards issued to persons who appeared to be undocumented aliens." The report further states "there were 40,992 driving privilege (DP) cards issued as of December 31, 2007."