Interim Immigration Committee Meeting

FWIW, notes of the meeting today (very rough) Do NOT expect this to be a totally accurate report, I'm neither a steno or a secretary, many comments may reflect my biased hearing. (asides: are my comments) Recording of meeting available online

(~26min) = approx. time on recording ?name = question by committee members.

Net result: AG Shurtleff and US Atty Tolman say Utah is not a sanctuary state (except for those quietly 'working' at jobs Americans won't do) and doing well in prosecuting illegal alien criminals (those merely working are not 'criminals,' but merely have an illegal presence, which is NOT prosecutable except in the State of entry. Overstay of visa is NOT a felony, or a misdemeanor (?) but a civil offense)

Good questions asked by committee members - mainly Hickman, Donnelson and Madsen.

With this emphasis on the inability to prosecute illegals and deport, additional emphasis must be placed on employment verification and denial of benefits while continuing to arrest those committing "real" crime.

Future committee meetings will be at other locations -
Next meeting 6/19 in Cache County (USU) .
If you would like to testify, contact Art Hunsaker

1:00 1. Committee Business
• Call to order
• Introductions
• Review committee responsibilities established by the Legislative Management Committee

1:10 2. Utah Attorney General's Office
• Mark Shurtleff, Attorney General

Congress has NOT addressed the problem. Received lots of emails - If US does not enforce state should. I believe in separation of powers, we do not have authority to enforce federal law. Thanks for the bill creating the task force. (aside: there was no bill) We enforce state laws.

SB 81 MOU requirement - mandate to go forward. We worry about illegals who commit other crimes (state). ID theft problem, we are working on it. Document mills busted by task force last year. Not enough resources. ICE underfunded. First state in nation working with HUD - mortgage fraud against illegals, 100's damaged credit. Save the Children program - ID stolen by those looking for a job. 2,000 letters sent from Workforce Services over fake numbers; no enforcement. Until law changed they couldn't advise SSN owners, new law allowed penalties. Hold companies responsibility.

ID theft program in Utah - Problem with MOU - ICE can (does) not enforce problems against simple illegals.
?Donnelson (acting chair) asks How long allowed for ICE to pick up. AG: depends on local jurisdiction - ONE HOUR ??? ICE will not come to Utah to train 3 yrs waiting list. AG: (287g) doesn't say to be recognized training is required, written cert. only needed. Negotiating requirements. I'd rather not enforce immigration law. ??? Statute says if we provide ability, they can certify. AG: if locals want 287g, use it (~26min) ?Hickman legislature needs to properly fund enforcement. ?Donnelson ICE did have regional training. ?Romero State has been involved ID theft Thanks 3 yr for training? AG: I don't know ?Donnelson what prevents Utah from putting them on the bus? AG: Due process Constitution protects them. ?D What if they admit being illegal AAG: we can not deport. ?Madsen You are looking for $600K for task force, what is the cost of ID theft to society? AG: $millions in mortgage fraud (~ 35 min) 1,000's of children, perhaps 10K ?Madsen $38K in cash in raid - are there orgs that keep * * * DPC back out in an hour had lots of resources to get out AG sheriffs saying ICE not picking ?? Authority is Fed are we working with Fed in 24 hrs out - county jail problem SLCo biggest problem, most arrests one hour let 'em go. 24 hrs if ICE hold. Children who are citizens, what happens to them. AG I don't know the answer. ?Donnelson sanctuary city why not just send them out AG we'll be sued. ACLU ?? Data to obtain - what source AG I'll talk to SLCo I don't know if they have the info. ?? Is there anyway to know how long they are kept? AG I'm sure they would know. nature of overcrowding. ?? Is arrestee always determine illegal status? AG under new law SB 81 they will be. AAG we need add'l help ($$) AG we don't want to be ICE agents, most victims are other "undocuments" if deputies are enforcers we lose ability to get info.
• Wade Farraway, Assistant Attorney General, Medicaid Fraud Unit

1:50 3. United States Attorney's Office
• Brett L. Tolman, United States Attorney, District of Utah (~48 min) Thank you for listening. Fed needs to do something. work with FED and state. Bret Parkinson from atty officehere. 25% of cases involve illegals, not incl drugs, etc. Debate is UT suffering more from plague of illegals; no, we are more agressive. Many colleagues have more problems. Debate (blogs) often educated. Types of cases (Fed crimes): not prosecutable for simply being here. Only at the border they cross, not a continuing crime. Re-entry IS prosecutable. Illegal committing crime can get plea bargain for 364 days = not prosecutable as aggravated re-entry. ?Hickman Are you suggesting that if entry illegal they can only be prosecuted in the state of entry? Att: Must be prosecuted in the state they crossed.
(~56 min) ?Hickman: A person here illegally where there are illegal That's NUTS. Att: Solace - court may change that interpretation. only re-entry now. ?Hick I would hope you would express our frustation.. ?Noel: SB81 says foreign national = flight risk, (Madsen's example) Is that legal. Atty: depends on court. I can't comment on your legislation due to separation of powers. resources lacking. pushing for office in StG Cases that are being prosecuted: Re-entry, Harboring, Transport code1324 facilitators code 1203 hostage taking 8:1324c marriage fraud 1542 ID theft

(~1:06min) prosecutions one man with 8 aliases, not 8 individuals. Worksite enforcement, very difficult to do. Need to investigate facilitators and vendors, not just employers Corporation itself must be analyzed. Human side, children may be citizens. recent examples thousands of individual.. ? Dee: We understand you are partner but may not like the fed action. trial balloon on contracting oxbow jail; we need to be proactive be after criminals, not workers. (aside: we need to stop all ilegals, the criminals hide in the massive numbers of workers) Would that help? Att: we need ICE retention facility Hatch and Bennett working on it It may be helpful. ?Madsen: Should we force another more rational jurisdiction to make a decision on illegal presence. Att: we try to work together as US attys to be consistent
(~1:24) Not prosecuting illegal presence, but your officials are doing phemonemally even without 287g. ?? UT perceived as sanctuary - drug dealers coming here. Att: no validity of sanctuary, we have stopped them running through UT. There have been individuals using teens in BLM land to grow marijuana. Large % of meth coming from Mexico. ?Romero frustation with fed, big proponent of this committee. This is not a sanctuary state (aside:only for illegal workers, our problem is still accepting the undocumented) ?Donn who deports? Att: ICE ?Donn ICE doesn't make too many arrests Att: they are reactive to locals who make arrests. ?Donn ICE agent said it is implied a sanctuary att: because it is not a border state. dangerous because we are aggressive. ? can ICE deport wihout US Att Att yes, but not normally ? do you deal with employers att: we have learned of illegal practices of corporations
(~1:37) ? you don't actively pursue employers att: mainly through referrals. ?Hickman of 2500 deported in 2007 how many have returned? att: difficult to guess, ? we do not know because they need to violate another law. (aside: 2,500 out of 100,000+ present in UT) ?Hick congressional liaison committee, is it working att: legislative affairs comm. could change illegal presence prosecution ?Clark After you explained illegal presence, how can we correct it? How can we work together to solve the illegal alien problem. att: knee jerk reactions, this study is refreshing study, training, resources ($$), valiantly led by AG, cooperation, recognize you are further along than others. ?? Will more money solve the problem? att: define the problem "we have a handle on crime- NYC" (aside: we may solve the HARD CRIME problem, but not the soft crime) ? ? Do we have the resources to determine illegality, are we integrated? Att: No, not like CSI we need a database. ICE will respond to calls. (aside: someone needs to ask about EVerify) ?Romero How many ICE agents att: 25-30 pushing for more. (Aside: Washington Co new law) Because of aggessive nature of our office we don't need more ? Hickman: Can we prosecute overstays? att: different category, not even a misdemeanor http://www.immigrationprocon.org/questions/illegalimmigrationcrimefelony.html
(~1:58) Info ICE was asked and will not testify

2:40 4. Federal Immigration Law, State Regulation, and 50-state Experience
• Ann Morse, Program Director, Immigrant Policy Project, National Conference of State Legislatures Eligibility for benefits see presentations http://www.ncsl.org/print/immig/2007Immigrationfinal.pdf
http://www.le.state.ut.us/interim/2008/pdf/00000883.pdf
Q & A (~2:20) Do you have a current economic study - are illegals beneficial or detrimental depends on the economic study. ? Hickman: we need some facts. not 1997 data Morse: many diverse studies, answers not clear. ? Hickman to committee we looked primarily at AZ law (aside, I though OK) error corrected we need to study AZ law. ?Hansen When were latest figures Morse: 2006 ?Romero 2 yr backlog in processing green card. Morse: 1.6 million farm workers 50 to 80% illegals. ?Donn: new tourists up 35 million internationally worldwide down 3 million to US. Brazil takes150 days for appt for visa.

3:45 5. Other Items / Adjourn

GOP Illegal Immigration Platform Plank Proposal

This proposed plank was not considered at the Convention, as the meeting was adjourned (again) before resolutions or platform amendments were heard.

As the current Utah Republican Party Platform is silent on the incredible important, and currently prominent, issue of illegal immigration; the following is presented as a proposed addition to the Utah Republican Party Platform for consideration at the 2008 Utah Republican party Convention on May 10, 2008.

The proposal resulted from discussions with many staunch Republicans and borrowed gratefully from the Republican Party platform of the Great State of Texas, (and Iowa, CA, NV, NC, etc.) and the sentiments of Republican Party platforms since 1880. Please see the articles below for those planks.

PROPOSED PLANK TO THE UTAH REPUBLICAN PARTY PLATFORM

Immigration:

America is a stronger and better nation because of the hard work and entrepreneurial spirit of legal immigrants, and the Republican Party honors them. We believe that control of our borders is an urgent national security interest and our national sovereignty depends on those secure borders.

• We oppose illegal immigration and all forms of amnesty, or legal status, for illegal immigrants.
• We support suspending automatic U.S. citizenship to children born to illegal immigrant parents.
• We oppose granting government benefits to those illegally present in the US.
• We oppose any temporary or "guest" worker program that would offer an automatic path to citizenship.
• We believe that current laws against employing illegal immigrants should be vigorously enforced, particularly to stem the now too common crime of identity theft in obtaining employment.

This proposed platform addition was first on the agenda at the 2006 nominating convention, but not considered. It was again submitted for consideration at the 2007 Organizing Convention, but deemed out of place as platform consideration are made at Nominating Conventions.

This year the proposal was modified slightly at the suggestion of the State C&B Committee, acting as the Platform committee.

A Review of GOP Platforms on Illegal Immigration

TEXAS

Illegal Immigration –– The Party believes that security of our borders is an urgent national interest. The Party opposes illegal immigration and all forms of amnesty, or legal status for illegal immigrants irrespective of program name or race.
We support:
1. expeditious hearings on deporting non-violent illegal immigrants held in prisons or jails;
2. suspending automatic U.S. citizenship to children born to illegal immigrant parents;
3. elimination of federal funding to cities that have "sanctuary" laws prohibiting local police from identifying and reporting illegal immigrants to federal authorities;
4. empowering state and local law enforcement agencies with the authority, responsibility and resources needed to detain illegal immigrants within the course of their regular duties;
5. the rejection of non-verifiable foreign-issued cards, such as matricula consular as valid identification for official documentation purposes;
6. investigation and strict prosecution of agencies, businesses or persons involved in the production, distribution or acceptance of phony identification documents;
7. elimination of day labor work centers;
8. elimination of all laws requiring hospitals to give non-emergency medical care to illegal immigrants;
9. elimination of government funding to illegal immigrants for education, housing and business loans;
10. pass legislation which prevents China, Chinese citizens, and any other foreign country and/or its citizens from using the judicial system and courts of the United States to file and try lawsuits that grant entrance of the foreign people to the U.S. or become missing persons; and
11. strong document verification prior to the issuance of a Texas drivers license to anyone.

IOWA

• We believe that Congress should establish an immigration policy that furthers the cultural, social and economic interests of the United States. A sound immigration policy and vigorous enforcement of immigration law is essential to securing our homeland.
• We believe that current immigration laws should be enforced and strengthened.
• We believe that one of the government’’s primary roles is to maintain an adequate force to secure the borders of the United States
• We believe in a strong national defense.
• We oppose welfare, medical, and educational support and issuance of drivers licenses for illegal aliens and their dependents.
• We support and encourage the imposition of severe penalties on individuals and industries that are found employing illegal aliens.
• We support a physical barrier along the entire Mexican/American border.
• We oppose all forms of amnesty for illegal aliens in this country.
• We call for the government to devote increased resources to seal the borders against illegal goods and people entering the U.S.
• We call for an amendment to the U.S. Constitution that would prevent the automatic granting of (““anchor baby””) citizenship to children born in the United States whose parents are illegally in this country.
• We support modernizing the Department of Immigration's database systems.
• We believe the government should not reimburse families for the loss of a loved one due to an act of God, natural disaster, or terrorist attacks unless the individual was a member of the armed services or in the employ of the United States Government.
• We support the use of domestic surveillance to monitor contacts between foreign terrorists and their accomplices in the U.S. U.S. Immigration should end the “catch and release” system of deportation.
  We oppose any immigration reform that includes a ‘‘path to citizenship’’ for illegal aliens.

California
Our history is a story of immigrants. The California Republican Party welcomes and values each and every legal immigrant. We are proud that after 400 years, America continues to symbolize hope and promise to people from around the world. Immigrants have helped to make our great nation greater still.

• We affirm our country's absolute right to control its borders.
• We support legal immigration and the immigration laws that are already in place, and call on the government to enforce all laws on the issue. To take any other position would be a great unfairness to those who have complied with the legal system, and would expose California's citizens to national security risks. Once one enters the United States as a legal immigrant and desires to become a citizen, one should work actively to become an American - we should grant citizenship only to those who embrace American values and culture. New immigrants should be required to learn English, and businesses should be able to require employees to speak the English language while on the job.English should be the official language of government.
• All election ballots and other government documents should be printed in English only. Government should offer intensive English language instruction to all who need it, including stipends to help immigrants attend the programs.
• We call for the cross-deputization of state and county law enforcement personnel so that illegal aliens who are also criminals can be deported immediately upon completion of their sentences. We call on the Federal Government to reimburse California for the costs of federally mandated immigration programs and federally mandated benefits to illegal aliens.
• Finally, we call for the termination of all federal and state benefits to illegal aliens other than emergency medical care.

No Carolina

• We support the issuance of N. C. drivers licenses only to NC citizens and those legally authorized to be here.
• We support ending all entitlement to illegal aliens except for life threatening emergencies. Taxpayers should not pay for higher education for illegal aliens.
• The most important responsibility of the federal government is ““to provide a common defense”” for the states and the nation.
• Our borders must be made more secure. The federal government should actively enforce its immigration laws.
• English must be made the official language of the United States of America.

WASHINGTON

• A stronger policy of securing our borders using additional personnel, technology, and physical barriers.
• The reform of the immigration laws of our country so as to be enforceable and to meet our country’s citizens’ legitimate interests.
• The legal immigration of those individuals who wish to become US citizens with the strong enforcement of immigration laws.
• Enactment of a meaningful guest worker program which includes proper security measures, to allow those who wish to participate in our economy to do so in a legal and responsible way.
• Requiring any guest worker program to require the applicant for such program to initiate and process their application in their native land.
• An immigration policy that includes no amnesty for those persons who are here illegally already.
• The elimination of the “Safe City” program at any level of government that receives federal funds.
• The original intent of the 14th Amendment to the United States Constitution (1868) which declared, “All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States…” and thereby recognized the citizenship of ex-slaves and in no way granted citizenship to the babies of illegal aliens.
• A pillar of American citizenship, which is equal treatment under the law; therefore no special rights or privileges should be granted to any illegal resident alien from any county that are not granted to a legal immigrant or to a citizen of the United States of America.

Nevada

• We welcome legal immigrants from all nations, cultures and races.
• We demand strict enforcement of all immigration laws by all levels of government.
• We demand that the federal government secure our borders. We oppose granting amnesty for illegal aliens.
• We do not support citizenship for children born in the United States to illegal aliens, illegal residents or foreign visitors.

Nebraska

• We support, welcome, and encourage the assimilation of all legal immigrants and others who are here by due process and are productive, law-abiding citizens. In fairness to them, we support stringent federal efforts to stem the tide of illegal immigration.

New Mexico
Immigration: We support and welcome all legal immigrants and others who are here by due process and are productive, law-abiding persons. Further, we support vigorous enforcement of all laws dealing with immigration.

Wyoming Supports any and all actions the State of Wyoming may take under its proper jurisdiction to address and prevent illegal immigration.

Oregon
We expect that the State and Federal government to strictly enforce all immigration laws.

The National GOP Platforms on Illegal Immigration

Republican Party Platform of 1984

"We affirm our country's absolute fight to control its borders. Those desiring to enter must comply with our immigration laws. Failure to do so not only is an offense to the American people but is fundamentally unjust to those in foreign lands patiently waiting for legal entry. We will preserve the principle of family reunification.With the estimates of the number of illegal aliens in the United States ranging as high as 12 million and better than one million more entering each year, we believe it is critical that responsible reforms of our immigration laws be made to enable us to regain control of our borders."

Republican Party Platform of 1940

"We favor the strict enforcement of all laws controlling the entry of aliens. The activities of undesirable aliens should be investigated and those who seek to change by force and violence the American form of government should be deported."

Republican Party Platform of 1932

"The restriction of immigration is a Republican policy. Our party formulated and enacted into law the quota system, which for the first time has made possible an adequate control of foreign immigration.

Rigid examination of applicants in foreign countries prevented the coming of criminals and other undesirable classes, while other provisions of the law have enabled the President to suspend immigration of foreign wage-earners who otherwise, directly or indirectly, would have increased unemployment among native-born and legally resident foreign-born wage-earners in this country. As a result, immigration is now less than at any time during the past one hundred years.
We favor the continuance and strict enforcement of our present laws upon this subject."

Republican Party Platform of 1912

"We pledge the Republican party to the enactment of appropriate laws to give relief from the constantly growing evil of induced or undesirable immigration, which is inimical to the progress and welfare of the people of the United States."

Republican Party Platform of 1900

"In the further interest of American workmen we favor a more effective restriction of the immigration of cheap labor from foreign lands,"

Republican Party Platform of 1880
"Since the authority to regulate immigration and intercourse between the United States and foreign nations rests with the Congress of the United States and the treaty-making power, the Republican party, regarding the unrestricted immigration of the Chinese as a matter of grave concernment under the exercise of both these powers, would limit and restrict that immigration by the enactment of such just, humane and reasonable laws and treaties as will produce that result."

Republican Party Platform of 2004
"The Republican Party supports reforming the immigration system to ensure that it is legal, safe, orderly and humane. It also supports measures to ensure that the immigration system is structured to address the needs of national security. America is a stronger and better nation because of the hard work and entrepreneurial spirit of immigrants, and the Republican Party honors them. A growing economy requires a growing number of workers, and President Bush has proposed a new temporary worker program that applies when no Americans can be found to fill the jobs. This new program would allow workers who currently hold jobs to come out of the shadows and to participate legally in America’’s economy. It would allow men and women who enter the program to apply for citizenship in the same manner as those who apply from outside the United States. There must be strong workplace enforcement with tough penalties against employees and employers who violate immigration laws. We oppose amnesty because it would have the effect of encouraging illegal immigration and would give an unfair advantage to those who have broken our laws.

To better ensure that immigrants enter the United States only through legal means that allow for verification of their identity, reconnaissance cameras, border patrol agents, and unmanned aerial flights have all been increased at the border. In addition, Border Patrol agents now have sweeping new powers to deport illegal aliens without having first to go through the cumbersome process of allowing the illegal alien to have a hearing before an immigration judge. We support these efforts to enforce the law while welcoming immigrants who enter America through legal avenues."

Democrats on immigration

Democratic Party on Immigration Party Platform

Path for undocumented aliens to earn citizenship

• We will extend the promise of citizenship to those still struggling for freedom. Today's immigration laws do not reflect our values or serve our security, and we will work for real reform.
• The solution is not to establish a massive new status of second-class workers; that betrays our values and hurts all working people. Undocumented immigrants within our borders who clear a background check, work hard and pay taxes should have a path to earn full participation in America.
• We will hasten family reunification for parents and children, husbands and wives, and offer more English-language and civic education classes so immigrants can assume all the rights and responsibilities of citizenship. As we undertake these steps, we will work with our neighbors to strengthen our security so we are safer from those who would come here to harm us. We are a nation of immigrants, and from Arab-Americans in California to Latinos in Florida, we share the dream of a better life in the country we love.
  Source: The Democratic Platform for America, p.36 Jul 10, 2004
  

Reform the INS; reduce immigrant backlog Democrats support reforming the INS to provide better services, and investing the resources needed to reduce the backlog of citizenship applications from nearly two years to three months.

Democrats also support increased resources for English language courses, which not only help newcomers learn our common language but also help us promote our common values. Family reunification should continue to be the cornerstone of our legal immigration system.
Source: Democratic National Platform Aug 15, 2000

Protect immigrants from exploitation by employers. We must punish employers who recruit undocumented workers in order to exploit them. We reject calls for guest worker programs that lead to exploitation. We should have equitable asylum policies that treat people the same whether they have fled violence from the Right and Left. We support restoration of basic due process protections, so that immigrants are no longer subject to deportation for minor offenses and are eligible to receive safety net services supported by their tax dollars.
Source: Democratic National Platform Aug 15, 2000

All information above quoted from Ontheissues.org

Wrap Up on Legislative Actions

Contrary to the 2002 resounding cheers of "Viva Mexico" over the passage of In-state Tuition for illegal aliens, the 2008 Legislative session came to a relatively quiet close today.

In a final analysis, a few successes can be claimed - as compared to previous years.

The GOOD news:

• SB 52, Identity Theft Amendment, SB 81, Illegal Immigration, HB 86, Funding of Inmate Postsecondary Education, HB 339, Human Trafficking Amendments PASSED both houses.
• HB 95, HB 98, HB 237, HB 239, HB 241, HB 257, Employee Verification, passed the House
• SB 97, Immigration Task Force, was replaced by HB 490, Legislative Task Forces and Study Priorities which subsequently died on the House Concurrence calendar.
  
• There are now more voting records by which legislator's actions might be judged.
  

The BAD news:

• SB 81 implementation was delayed a full year
• HB 95, Document Fraud, HB 98, Utah Employment Verification Act, HB 237, Illegal Immigration Enforcement Act, HB 239, Driver License Qualification Amendments, HB 241, Repeal of Exemptions from Nonresident Tuition, HB 257, Employee Verification, DIED in the SENATE
• SB 210 Proof of Citizenship Required to Vote; died circled on the Senate 3rd Reading calendar.
  

2008 Utah Legislation

Bills possibly affecting illegal immigration

			Passed
HB0026	Notary Public Revisions	Donnelson, G.	HOUSE
HB0095	Document Fraud - Establishing Legal Status	Morgan, K.	HOUSE
HB0098	Utah Employment Verification Act	Donnelson, G.	HOUSE
HB0237	Illegal Immigration Enforcement Act	Donnelson, G.	HOUSE
HB0239	Driver License Qualification Amendments	Donnelson, G.	HOUSE
HB0241	Repeal of Exemptions from Nonresident Tuition	Donnelson, G.	HOUSE
HB0257	Employee Verification	Herrod, C.	HOUSE
HB0262	Recovery of Federal Reimbursement for Costs Associated with Illegal Immigrants	Morgan, K.	HOUSE
HB0285	Licensing Eligibility	Sandstrom, S.
HB0302	Citizenship Determination of Incarcerated Individuals	Sandstrom, S.
HJR001	Resolution Addressing International Trade Issues	Allen, S.	HOUSE
SB0052	Identity Theft Amendment	Walker, C.	SENATE
SCR005	Concurrent Resolution Calling for Congress to Pass Balanced Immigration Reform	Stephenson, H.
Abandon	Unfair Trade Practice - Hiring Illegal Aliens	McCoy, S.
SB0081	Illegal Immigration	Hickman, J.
SB0097	Immigration Task Force	Jenkins, S.

SCR 5 Concurrent Resolution Calling for Congress to Pass Balanced Immigration Reform

SCR005 Concurrent Resolution Calling for Congress to Pass Balanced Immigration Reform - Sen. Howard Stephenson.

Official purpose: "This concurrent resolution of the Legislature and the Governor urges Utah's congressional delegation to work with the United States Congress to pass effective and meaningful immigration reform to enhance the workforce of Utah and continue the economic strength of the state's business environment."

This is a bill working towards increasing LEGAL immigration, particularly "seasonal employees." Line 50 of the proposal states:

• "WHEREAS, current immigration law addresses neither documented U.S. labor shortages nor marketplace dynamics, and without a lawful avenue to provide seasonal employees, encourages continued unlawful immigration to the U.S. which continues to negatively impact the state's economy"

While the author is correct about illegal aliens' negative impact, there IS a lawful avenue for seasonal employees - the H2A Visa "The H-2A temporary agricultural visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. to perform agricultural labor or services of a temporary or seasonal nature." If the complaint is about the speed or number of H2A visas - that would be the item to address. The problem seems possibly to stem form the realization of the H2A worker that better employment can be obtained by ignoring the visa and gaining employment in the better paying industries (e.g. construction) and remaining illegally in the US.

While it may be worthy to declare: "that the Legislature and the Governor express their opposition to granting blanket amnesty to undocumented persons and urge that appropriate sanctions be a part of any solution." Previous calls for Federal Immigration reform have repeatedly been calls for AMNESTY disguised a fine, but giving the malefactor the benefit of remaining PERMANENTLY in the US - with a Pathway to citizenship.

The most egregious failing of this resolution is "BE IT FURTHER RESOLVED that the Legislature and the Governor urge that all components of Utah state government work to ensure that any efforts to effect immigration laws or laws related to Utah's workforce that impact immigration be deferred until Congress passes immigration reform pursuant to the principles stated in this resolution."

This would apparently mean NOTHING would be passed (if the resolution were to be followed)

(Addendum: The Bill was amended in Committee to remove THAT clause 2/18 and was subsequently passed)

The Utah Legislature CAN, SHOULD and, hopefully, WILL pass legislation THIS YEAR throttling the benefit magnet for illegals to flock to our fair state.

DNews article

Two Interviews With Sen. Bennett on Immigration

In a radio interview with Sen. Bob Bennett, when asked about Pres. Bush's State of the Union mention of "North American Summit of Canada, Mexico, and the United States in the great city of New Orleans" as part of the NAU/SPP; he responded "There is no North American Union."

This is better heard in person (link below); here are a few more paraphrased notes:

Q. What about SPP? A. "I don't know what that stands for." A. I never hear anybody talking about it, but I read about in the John Birch Society literature. NAU Highway - Total nonsense

Q. Illegal solution A. we're paralyzed at the federal level for action

Q. What do we do? A. Border fence is working - people are suggesting shooting people on the border. You aren't going to gain control secure the border without allowing temp workers.(support high fence and electronics) Every one says fence is working, crops are rotting. Need guest workers Need Bio ID for immigrant

Q. funding for fence A. many dollars allocated Complaints that it is working. labor unions oppose

Q. what if employee says I'm a citizen? A. everyone hates concept, but we need National ID card Drivers license already is, but we need tamper proof.

Q. Bottom line no fixes for four years A. that's pessimistic I supported comprehensive reform - new president and congress need to deal it.

30 Jan Interview:

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An earlier interview (6/14/07) with Sen. Bennett on immigration

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HB 241 passes out of Committee

HB 241 passed favorably out of the Education Committee

HB 241 Committee hearing audio is worth a listen. The HB 241 discussion starts at 55:30 (32 min total)

Here are brief notes of that discussion (Don't take my word for it - listen!) (My comments in **italics**)

Rep. Donnelson intro: Reviewed federal law requires ALL non residents to receive the same tuition, IF illegals are given in. $34 million potential penalty to the state of Utah Download Testimony of Prof. Kris Kobach before Utah legislative committe last year.

Federal Law Title 8, Chapter 14, Sec. 1623 states, "an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State ... for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit."

Graduates (illegals) unable to get jobs as illegals after degree per federal law, (Title 8, 1324a)

Committee Questions (Q.) and Donnelson Answer (A.)

• Q. How many illegal students using A.180 - 200 (**see below number is 280**)
• Q. What consequence of filing an affidavit to be use instate tuition. A. Signing admits illegality and can be further cause for deportation
• Q. What is the cost of the bottomless pit for educating illegals A. That's a Romney quote, not mine
  

(**Utah did an audit study in 2007 entitled "A Review of the Public Education Costs of Undocumented Children" concluding "For fiscal year 2006, we estimate that between $54.9 million and $85.4 million of state and local expenditures went toward the public education of undocumented children. This estimated expenditure range excludes federal funding. This cost range can be separated into grades K- 8 and grades 9-12. These two cost allocations are shown below as well as the total cost allocations when federal money is added." While only the K12 costs were analyzed it indicates the magnitude of the problem.**)


Public Comments: Five for and Five against, 1 min ea.

FOR Becky Watson facetiously, illegals should be incarcerated and paid $.90/hr (**reference to previous bill HB0086 **)

ANTI Chris Gambrelis (Ivory Homes) (**at time 1:11**) several Chamber resolutions in opposition - examples showed immigration system needs to big fixed - punitive cost for education sends wrong message, anti business - immigration affects everyone - The "state acting out of step is counter productive to citizens and the state as a whole" (near quote - why is obeying federal employee law counter productive to citizens - except those who hire them?)

FOR Eli Cawley Minutemen HB 241 does not keep illegals from getting an education, they just have to pay what other aliens pay - our adversaries complain that fedgov should correct, but they now maintain that the state should favor illegals - Where's the compassion for citizens? ( and others who are trying to immigrate LEGALLY)

ANTI ?? U of U diversity officer - on future hiring, this is an education committee not hiring. - You just supported incarcerated individuals, as an investment in the future - undocumenteds can contribute as well as can prisoners - there have NO legal challenge successes (**YET, but why take the chance?**)

(**You didn't know about the U of U Diversity Office? Octavio Villalpando, $81,757; Ron Harris, M.D., $335,354; Theresa Martinez, Ph.D., $80,507 Salaries from utahsright.com Note the top annual U of U salary reported is $1,019,380 !!**)

FOR Dr. Ronald Mortenson grads ineligible to work, but ex-cons can - IF business hire illegals, they can not change visa status, grad is ineligible for legalization for 10 yrs, by accepting - Utah now a magnet state.

ANTI Jennifer Smith, United Way - supporting immigrant families - concern of impact on economy - foundation of economy is strong workforce - unintended consequences task force (** Hmm, what does this say about United Way?**)

FOR ?? Eagle Forum - re AZ Sen actions - UT encouraging illegals through benefits

ANTI Amanda Covington, UT Higher Ed - advocates Education for all - healthier, happier volunteers 280 students now using waiver (**thank you for that honest clarification**)

FOR Charlene Duke also favors Higher Ed - care about student, we should help them get LEGAL student visas - Why oppose Fed law - help student return to home country and return legally

ANTI Denise ? U of U Student on scholarship work 2 high schools, hard for illegal students, leaders, need financial assistance, follow dreams

Rep Painter: Move to pass, favorable recommendation


Rep. Moss; Opposed here we go again Email emotional, don't go be feeling pragmatic to oppose it'll COST the state money (**lost tuition - see fiscal note - if we make money on instate tuition, why NOT offer it to everyone? ) Asked students of their aspirations - some want to be lawyers to change the law - They don't want to be considered illegal any more (**that's understandable, help them leave and follow the law**) - they have no home - don't punish the helpless - Laws will be changed. (**Therefore, if you don't like a law, just ignore it and work for a change - civil disobedience - by NON-CITIZENS**)

Rep. Frank: before session I put out survey on illegals - I will have to support the views of my constituents. (**Stop the magnet for illegals**) - we are disadvantaging those who come legally

Chair Hughes - unintended consequences - federal law has caused them

Yeas - 8
Andersen, S.; Frank C.; Hughes, G.; Last, B.;
Newbold, M.; Painter, P.; Sumsion, K.; Urquhart, S.;
Nays - 5
Gowans, J.; Holdaway, K.; Moss, C.; Shurtliff, L.;
Wheatley, M.
Absent - 2
Dee, B.; Lockhart, R.