11/8 Bills Would Deny Drivers Licenses to Illegal AliensAbout - News & Issues - New York,NY,USA... In a step to further insure homeland security, US lawmakers have introduced two bills in Congress that would prevent illegal aliens from getting driver's ...
Even Federal Employees Revolt Against Bush's "SBI" Big LieVDARE.com - Warrenton,Virginia,USA... [Translation: by making deportable illegal aliens legal, there won't be anyone to arrest!] The Temporary Worker Program will enable migrants to work in ...
11/7 Illegal immigrants should not get resident tuitionDaily Utah Chronicle (subscription) - Salt Lake City,UT,USA... Yet, they are not breaking all the laws. According to Utah House Bill 144, passed in 2002, an illegal alien can attend the U and pay resident tuition. ...
11/4 In State Tuition for Illegal Aliens?Knox Village Soup - ME,USAThe Massachusetts legislature is currently considering whether or not to provide in-state tuition to illegal aliens. This is the ...
Bentonville : Warrant says Wal-Mart aware of cleaners' statusArkansas Democrat Gazette - AR,USAFAYETTEVILLE -- Wal-Mart management knew people who cleaned dozens of their stores in 2003 were illegal aliens, some of whom lived in poor conditions and, in ...
11/1 Supreme Court will consider multiple-offence illegal alien caseKVOA.com - Tucson,AZ,USA... His family still lives in Utah. Solicitor General Paul Clement said that illegal residents do not have grounds to complain that the restrictions are unfair ...
10/30 Illegal aliens nabbed trying to work on construction projectKVOA.com - Tucson,AZ,USAWHITE SANDS MISSILE RANGE, NM -- An illegal alien from Mexico was nabbed when he tried to enter White Sands Missile Range to work on a housing project ...
Once Again Illegal Aliens Nabbed On Sensitive Military ...Empire Journal - Chestertown,NY,USA... and Customs Enforcement (ICE) announced that ICE agents have teamed up with Defense Department authorities to intercept dozens of illegal aliens in the past ...
Wednesday, November 09, 2005
Monday, October 17, 2005
The DNews "Solution"
Editorial: The most pressing question about immigration
DNews learned little for their series:
" In the past, the Deseret Morning News has historically come out in favor of a guest worker program, much like the plan proposed by Rep. Chris Cannon. After putting together a definitive series of stories on the issue, we still feel the same. . . .
DNews learned little for their series:
" In the past, the Deseret Morning News has historically come out in favor of a guest worker program, much like the plan proposed by Rep. Chris Cannon. After putting together a definitive series of stories on the issue, we still feel the same. . . .
- The time for angry invective has now passed.
- The time for pressing to send all illegal aliens back home has passed.
- The time for pointing fingers, shaking heads and stomping feet has passed. It is time for America — and Utah — to adjust to a new reality. The Hispanic immigrant — legal and illegal — has become as much a part of society here as carrots in a stew. How we got into this predicament is a question for historians to ponder. . . ."
Comments:
Watch your "angry invective." replace it with reasoned rationales.
The time for pressing employers to obey the law and stop hiring illegals is here. The time for supporting and obeying US Law has been here for years.
The time for responsibility, nodding heads and measured paces is at hand.
As George Santayana said: "Those who do not learn from history are doomed to repeat it!"
Did the 1986 amnesty solve the problem? No!
Will the new proposed Bush Cannon Hatch amnesty? NO!
Will the continuing tacit acceptance of illegality? Perhaps, if your goal is open borders and destruction of national sovereignty. (whoops, this might be considered angry)
Then I'll take my stew with potatoes, peas and okra (how about something new for a change) - thank you very much.
Friday, October 14, 2005
DNews Cost of Illegals
Continuing in the series on illegals, the Dnews brushes on (over) education costs to Utahns of illegals. "Providing illegal immigrants access to public education, health care and other social services costs Utah money. There's no question about that. The question is: How much?"
The first question that should be asked is WHY are we educating illegal alien children. The answer lies in a 1985 Supreme Court decision. Plyler v. Texas A briefer synopsis (and potential solution) can be found at Correcting Plyler Excerpt: "The answer to Plyler is political. The 14th Amendment itself says “The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.” [xx] Contrary to what most people today believe, the Supreme Court is not the sole interpreter of the Constitution. The Congress can and should pass legislation clarifying that the Equal Protection Clause cannot be construed to compel a state to provide discretionary benefits, including public education, to anyone who is not legally admitted into the United States. The legislation should specify that it is not subject to judicial review.
At one stroke, such a law would overturn Plyler v. Doe— and go a long way toward countering the growing belief that we have no choice but to pretend that illegal aliens are in fact American citizens."
Like the previously mentioned "anchor baby" interpretation of the 14th amendment, Congress could provide a legislative solution for this "unfunded mandate."
The first question that should be asked is WHY are we educating illegal alien children. The answer lies in a 1985 Supreme Court decision. Plyler v. Texas A briefer synopsis (and potential solution) can be found at Correcting Plyler Excerpt: "The answer to Plyler is political. The 14th Amendment itself says “The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.” [xx] Contrary to what most people today believe, the Supreme Court is not the sole interpreter of the Constitution. The Congress can and should pass legislation clarifying that the Equal Protection Clause cannot be construed to compel a state to provide discretionary benefits, including public education, to anyone who is not legally admitted into the United States. The legislation should specify that it is not subject to judicial review.
At one stroke, such a law would overturn Plyler v. Doe— and go a long way toward countering the growing belief that we have no choice but to pretend that illegal aliens are in fact American citizens."
Like the previously mentioned "anchor baby" interpretation of the 14th amendment, Congress could provide a legislative solution for this "unfunded mandate."
Monday, October 10, 2005
Deseret New Illegal Alien Series
The Deseret News has launched a seven part series on "undocumented workers" (politically correct term.) Regretably, it appears to be mainly a promotional, emotion laden propaganda piece apparently designed to prick Utahns' collective conscience to the plight of a few for the destruction of the principles and well being of many. In these United States, we either will have the "rule of law" or we will descend into the anarchy of no law at all followed by the tyranny of egalitarian results, open borders and eventual loss of sovereignty.
1 Note the error on automatic citizenship for children born in US as requiring Constitutional change; see HR 698-2005
This letter was submitted to the DNews to clarify the issue:
"As you purport to present "facts" in your extended series on illegal aliens, here is one error to correct. Rescinding the "right" to citizenship for those born in the US would NOT require a Constitutional Amendment. In fact, there is now legislation in Congress "To amend the Immigration and Nationality Act to deny citizenship at birth to children born in the United States of parents who are not citizens or permanent resident aliens." HR698 currently has 45 sponsors (none from Utah), it presently languishes in the Subcommittee on Immigration, Border Security, and Claims, but did obtain nine new sponsors in September. Perhaps a polite communication to our representatives is in order."
This would be an ideal time to WRITE OR CALL all UTAH congressmen and request their support for and cosponsorship of HR698.
2 Perhaps even more egregious is this one 30 Year Illegal Deported
Excerpts: "Home is the United States, the country that threw him out a year ago to the day of this interview with the Deseret Morning News. . . . Though he had lived in the United States illegally for some 30 years, Fernandez-Vargas assured her everything would be fine. . . . A truck driver, Fernandez-Vargas climbed into one of the two semis he owns. . . . He has been deported at least three times. But other than immigration violations he has no criminal record, according to his FBI rap sheet. . . . In July 1970, the former INS apprehended him near Nogales, Ariz., driving 13 undocumented immigrants to Boise. He didn't drive them across the border, but he had climbed a border fence to pick up an employer's van at a pre-arranged spot. . . . In the early 1970s, he entered into a marriage of convenience with a 40ish woman in Wyoming, believing it would be a path to permanent residency. . . . He worked on a Ogden city maintenance crew and as a truck driver in the metal salvage business until buying his own rigs. He earned as much as $50,000 some years and has consistently filed an income tax return. . . . The government also claims Fernandez-Vargas misrepresented his immigration history on his 2003 permanent residency application, indicating he'd never been deported. He and his wife don't deny there was misrepresentation but blame it on an Ogden woman they found through a radio ad to do the paperwork. "
Granted he may have gotten a bad deal, but the question will eventually be decided in COURT where all matters of law are decided. One only has to ask if the DNews will be presenting a similar bleeding heart sob story about some who were NOT able to come to the US LEGALLY because they were not close enough to the border. I'm sure that are more than a few excellent examples cases. e.g.
1 Note the error on automatic citizenship for children born in US as requiring Constitutional change; see HR 698-2005
This letter was submitted to the DNews to clarify the issue:
"As you purport to present "facts" in your extended series on illegal aliens, here is one error to correct. Rescinding the "right" to citizenship for those born in the US would NOT require a Constitutional Amendment. In fact, there is now legislation in Congress "To amend the Immigration and Nationality Act to deny citizenship at birth to children born in the United States of parents who are not citizens or permanent resident aliens." HR698 currently has 45 sponsors (none from Utah), it presently languishes in the Subcommittee on Immigration, Border Security, and Claims, but did obtain nine new sponsors in September. Perhaps a polite communication to our representatives is in order."
This would be an ideal time to WRITE OR CALL all UTAH congressmen and request their support for and cosponsorship of HR698.
2 Perhaps even more egregious is this one 30 Year Illegal Deported
Excerpts: "Home is the United States, the country that threw him out a year ago to the day of this interview with the Deseret Morning News. . . . Though he had lived in the United States illegally for some 30 years, Fernandez-Vargas assured her everything would be fine. . . . A truck driver, Fernandez-Vargas climbed into one of the two semis he owns. . . . He has been deported at least three times. But other than immigration violations he has no criminal record, according to his FBI rap sheet. . . . In July 1970, the former INS apprehended him near Nogales, Ariz., driving 13 undocumented immigrants to Boise. He didn't drive them across the border, but he had climbed a border fence to pick up an employer's van at a pre-arranged spot. . . . In the early 1970s, he entered into a marriage of convenience with a 40ish woman in Wyoming, believing it would be a path to permanent residency. . . . He worked on a Ogden city maintenance crew and as a truck driver in the metal salvage business until buying his own rigs. He earned as much as $50,000 some years and has consistently filed an income tax return. . . . The government also claims Fernandez-Vargas misrepresented his immigration history on his 2003 permanent residency application, indicating he'd never been deported. He and his wife don't deny there was misrepresentation but blame it on an Ogden woman they found through a radio ad to do the paperwork. "
Granted he may have gotten a bad deal, but the question will eventually be decided in COURT where all matters of law are decided. One only has to ask if the DNews will be presenting a similar bleeding heart sob story about some who were NOT able to come to the US LEGALLY because they were not close enough to the border. I'm sure that are more than a few excellent examples cases. e.g.
Sunday, September 25, 2005
A Decline in Illegals??
Comment:. The headlined "decline" is based on the "fact" that there were fewer illegals apprehended crossing the border compared to AZ last year - it does go on to hint that there was an increase in the NM and Yuma sector. It also notes that there was an INCREASE in deaths of crossing illegals. How do we combat the illegal alien lobby with this type of reporting to the people who rarely read beyond the headline
U.S. decline reported in illegal immigration http://deseretnews.com/dn/view2/1,4382,615152448,00.html
'We are making progress,' federal official says of drop
This must be an important article (propaganda) - at least 57 instances of it being published across the country in the last 24 hours.
A few bold papers did modify the headline and interpretation - e.g. see AZ Republic.
Vast majority of headlines report: Feds say Ariz. illegal entry slowing down
How can we think, through the barrels of ink? Ah, the power of AP!
Feds say they're slowing illegal immigration through ArizonaSan Diego Union Tribune, United States - 17 hours agoBy Arthur H. Rotstein. TUCSON, Ariz. – The Border Patrol has cut down on illegal immigration through Arizona with an ongoing crackdown that specifically ...
Feds says they're slowing illegal immigration through Arizona Tucson Citizen
Border Patrol's 'progress' unclear Arizona Republic
Feds contend they're slowing illegal immigration through Arizona Detroit Free Press
Arizona Daily Sun - KPHO Phoenix - all 57 related »
U.S. decline reported in illegal immigration http://deseretnews.com/dn/view2/1,4382,615152448,00.html
'We are making progress,' federal official says of drop
This must be an important article (propaganda) - at least 57 instances of it being published across the country in the last 24 hours.
A few bold papers did modify the headline and interpretation - e.g. see AZ Republic.
Vast majority of headlines report: Feds say Ariz. illegal entry slowing down
How can we think, through the barrels of ink? Ah, the power of AP!
Feds say they're slowing illegal immigration through ArizonaSan Diego Union Tribune, United States - 17 hours agoBy Arthur H. Rotstein. TUCSON, Ariz. – The Border Patrol has cut down on illegal immigration through Arizona with an ongoing crackdown that specifically ...
Feds says they're slowing illegal immigration through Arizona Tucson Citizen
Border Patrol's 'progress' unclear Arizona Republic
Feds contend they're slowing illegal immigration through Arizona Detroit Free Press
Arizona Daily Sun - KPHO Phoenix - all 57 related »
Friday, September 23, 2005
U.S. Decline (?) Reported in Illegal Immigration
Comment: The headlined "decline" is based on the "fact" that there were fewer illegals apprehended crossing the border compared to AZ last year - it does on to hint that there was an increase in the NM and Yuma sector. It also notes that there was an INCREASE in deaths of crossing illegals.
U.S. Decline Reported in Illegal Immigration
'We are making progress,' federal official says of drop
By Arthur H. RotsteinAssociated Press
TUCSON, Ariz. — A top federal official said Thursday that the Border Patrol during a recent crackdown has reduced illegal immigration along the well-traveled route from Mexico into Arizona.
"We are making progress . . . in decreasing numbers and the flow of aliens across Arizona," said Robert Bonner, commissioner for U.S. Customs and Border Protection.
In a telephone interview from Washington, he noted that total apprehensions of illegal immigrants crossing into Arizona dropped about 13 percent over the past six months compared to the same period a year earlier.
"Same song, different day," countered the Rev. Robin Hoover, founder of Humane Borders, a Tucson-based organization that places water along desert trails frequented by illegal immigrants.
"What is needed is for Commissioner Bonner to come out for comprehensive immigration reform so that we can get people out of the desert in the first place," Hoover said.
Hoover contended that none of the federal efforts since 1993 have resulted in overall reductions in the number of people migrating.
Bonner acknowledged that the number of immigrants dying in Arizona's deserts — 176 just during the six months since the current initiative started, and 238 for the fiscal year, which ends in a week — has smashed previous records. "The loss of even a single life is tragic," Bonner said.
But he added, "It has been one of the hottest seasons in the Sonoran Desert and Arizona in a number of years."
In recent years, Arizona has been the most active point along the Mexican border for illegal immigrants. The state accounted for 54 percent of the 1.1 million illegal immigrant apprehensions nationwide during the 2004 fiscal year.
The initial focus of the latest operation was in the west desert, about 110 miles of the Border Patrol's Tucson sector. That sector encompasses all but about the 80 westernmost miles of Arizona's border with Mexico. The rest is covered by agents in the Yuma sector.
Bonner said officials knew some traffic would shift elsewhere along the border. In fact, increased arrests this year have transformed the Yuma station into the nation's busiest for migrant apprehensions. Bonner said there's also been increased traffic in the area around Deming, N.M.
Hoover said the shift amounted to the "cat chasing the mouse."
U.S. Decline Reported in Illegal Immigration
'We are making progress,' federal official says of drop
By Arthur H. RotsteinAssociated Press
TUCSON, Ariz. — A top federal official said Thursday that the Border Patrol during a recent crackdown has reduced illegal immigration along the well-traveled route from Mexico into Arizona.
"We are making progress . . . in decreasing numbers and the flow of aliens across Arizona," said Robert Bonner, commissioner for U.S. Customs and Border Protection.
In a telephone interview from Washington, he noted that total apprehensions of illegal immigrants crossing into Arizona dropped about 13 percent over the past six months compared to the same period a year earlier.
"Same song, different day," countered the Rev. Robin Hoover, founder of Humane Borders, a Tucson-based organization that places water along desert trails frequented by illegal immigrants.
"What is needed is for Commissioner Bonner to come out for comprehensive immigration reform so that we can get people out of the desert in the first place," Hoover said.
Hoover contended that none of the federal efforts since 1993 have resulted in overall reductions in the number of people migrating.
Bonner acknowledged that the number of immigrants dying in Arizona's deserts — 176 just during the six months since the current initiative started, and 238 for the fiscal year, which ends in a week — has smashed previous records. "The loss of even a single life is tragic," Bonner said.
But he added, "It has been one of the hottest seasons in the Sonoran Desert and Arizona in a number of years."
In recent years, Arizona has been the most active point along the Mexican border for illegal immigrants. The state accounted for 54 percent of the 1.1 million illegal immigrant apprehensions nationwide during the 2004 fiscal year.
The initial focus of the latest operation was in the west desert, about 110 miles of the Border Patrol's Tucson sector. That sector encompasses all but about the 80 westernmost miles of Arizona's border with Mexico. The rest is covered by agents in the Yuma sector.
Bonner said officials knew some traffic would shift elsewhere along the border. In fact, increased arrests this year have transformed the Yuma station into the nation's busiest for migrant apprehensions. Bonner said there's also been increased traffic in the area around Deming, N.M.
Hoover said the shift amounted to the "cat chasing the mouse."
Monday, August 29, 2005
Illegal Alien Resolution Passed
At the GOP Convention, August 27, the resolution was passed with modifed clauses at the end, to wit:
"Therefore, we, the duly elected Delegates to the 2005 Utah Republican Party Convention hereby humbly request a Legislative Audit into the true cost to the Taxpayers of Utah of said presence of illegal aliens, including Education Costs, Medical Costs, Resident College Tuition Rates; Incarceration and Police Costs; Lowering of the General Wage Rate; Income Loss to Displaced Workers; Welfare Benefits and any, and all, other costs associated with this illegality.
Therefore, let it be resolved that we the Utah Republican Party requests that the Congress of the United States of America find reasonable and responsible solutions to these immigration issues.
We direct the Secretary of the Party to send a copy of this Resolution to all of the members of the Utah House and Senate, the Governor, and to our elected Republican Congressmen and Senators."
"Therefore, we, the duly elected Delegates to the 2005 Utah Republican Party Convention hereby humbly request a Legislative Audit into the true cost to the Taxpayers of Utah of said presence of illegal aliens, including Education Costs, Medical Costs, Resident College Tuition Rates; Incarceration and Police Costs; Lowering of the General Wage Rate; Income Loss to Displaced Workers; Welfare Benefits and any, and all, other costs associated with this illegality.
Therefore, let it be resolved that we the Utah Republican Party requests that the Congress of the United States of America find reasonable and responsible solutions to these immigration issues.
We direct the Secretary of the Party to send a copy of this Resolution to all of the members of the Utah House and Senate, the Governor, and to our elected Republican Congressmen and Senators."
Wednesday, August 24, 2005
UFIRE Poll Results
UFIRE ANNOUNCES POLL RESULTS
Preliminary results of a UFIRE poll indicate that 70 to 80 per cent of RepublicanState Delegates are supportive of enforcing immigration laws and restricting taxpayer subsidized benefits to illegal immigrants in the State of Utah.
Volunteers working withUFIRE (Utahns for Immigration Reform and Enforcement) conducted a telephone pollover the period of a few weeks. "The results were remarkably similar throughout thestate," reported UFIRE Chairman, Mike Sizer. "
It appears that some of our nationalCongressmen are out of step with their constituents on this important issue."When delegates were asked about the controversial instate tuition for illegal aliens,they were 71.3% in favor of repealing that benefit.
A Utah law, allowing the tuitionbenefit, was passed a few years ago by the Utah legislature in anticipation of thepassage of Senator Hatch's so-called Dream Act. The benefit was placed into operationlast year - prior to any change in Federal law, which prohibited the practice.
The legislative Joint Education Committee recommended repeal of the provision in hearing this year.67.1% of Republican Delegates supported the idea of an audit to determine the costof illegal aliens to taxpayers of Utah. With 10.8 % undecided, many of those againstthe idea of an audit commented that it would be a waste of money to simply do a studybecause it was already known that the taxpayer cost for benefits to illegal aliens isenormous. They indicated that, instead of a cost analysis, measures should be takento reduce or stop unwarranted non-citizen benefits without a study.
A similar audit last year found that 95,000 illegal aliens had been issued Drivers'Licenses or ID cards. This audit was the impetus for a law creating Driver PrivilegeCards for illegal aliens, which was passed earlier this year.
The issuance of DriverPrivilege Cards received 30.1% support from GOP Delegates while 56.1 % were inopposition and 13.9 % were undecided. On the specific question of minimizing taxpayer funded benefits to illegal aliens,an overwhelming 76.5% responded YES, with 11.5 % and 12 % undecided Recognizing the predominant influence of the Party in Utah government and itsinfluence in legislation, and in consideration of the upcoming Republican Convention,one question was asked about of control by and for the "grass roots" of Party rulesprocedures. Results showed 83.2 % in favor of this principle, with 12.5% undecided.
UFIRE is supporting a resolution that will be presented to the upcoming RepublicanConvention calling for an audit of the the cost of illegal aliens to taxpayers and forminimizing taxpayer funded benefits to them.
An additional Resolution by NationalCommitteewoman Nancy Lord supporting delegate inputs to, and control of, Party rulesis also under consideration.To provide more information to delegates and others interested in the issue ofillegal immigrants in the State of Utah, UFIRE has sponsored a series of meetings withColorado Congressman Tom Tancredo. The final meeting will be held at Salt LakeCommunity College on Thursday, 25 August, at 7 PM.
Preliminary results of a UFIRE poll indicate that 70 to 80 per cent of RepublicanState Delegates are supportive of enforcing immigration laws and restricting taxpayer subsidized benefits to illegal immigrants in the State of Utah.
Volunteers working withUFIRE (Utahns for Immigration Reform and Enforcement) conducted a telephone pollover the period of a few weeks. "The results were remarkably similar throughout thestate," reported UFIRE Chairman, Mike Sizer. "
It appears that some of our nationalCongressmen are out of step with their constituents on this important issue."When delegates were asked about the controversial instate tuition for illegal aliens,they were 71.3% in favor of repealing that benefit.
A Utah law, allowing the tuitionbenefit, was passed a few years ago by the Utah legislature in anticipation of thepassage of Senator Hatch's so-called Dream Act. The benefit was placed into operationlast year - prior to any change in Federal law, which prohibited the practice.
The legislative Joint Education Committee recommended repeal of the provision in hearing this year.67.1% of Republican Delegates supported the idea of an audit to determine the costof illegal aliens to taxpayers of Utah. With 10.8 % undecided, many of those againstthe idea of an audit commented that it would be a waste of money to simply do a studybecause it was already known that the taxpayer cost for benefits to illegal aliens isenormous. They indicated that, instead of a cost analysis, measures should be takento reduce or stop unwarranted non-citizen benefits without a study.
A similar audit last year found that 95,000 illegal aliens had been issued Drivers'Licenses or ID cards. This audit was the impetus for a law creating Driver PrivilegeCards for illegal aliens, which was passed earlier this year.
The issuance of DriverPrivilege Cards received 30.1% support from GOP Delegates while 56.1 % were inopposition and 13.9 % were undecided. On the specific question of minimizing taxpayer funded benefits to illegal aliens,an overwhelming 76.5% responded YES, with 11.5 % and 12 % undecided Recognizing the predominant influence of the Party in Utah government and itsinfluence in legislation, and in consideration of the upcoming Republican Convention,one question was asked about of control by and for the "grass roots" of Party rulesprocedures. Results showed 83.2 % in favor of this principle, with 12.5% undecided.
UFIRE is supporting a resolution that will be presented to the upcoming RepublicanConvention calling for an audit of the the cost of illegal aliens to taxpayers and forminimizing taxpayer funded benefits to them.
An additional Resolution by NationalCommitteewoman Nancy Lord supporting delegate inputs to, and control of, Party rulesis also under consideration.To provide more information to delegates and others interested in the issue ofillegal immigrants in the State of Utah, UFIRE has sponsored a series of meetings withColorado Congressman Tom Tancredo. The final meeting will be held at Salt LakeCommunity College on Thursday, 25 August, at 7 PM.
Friday, August 05, 2005
Proposed Resolution to GOP Convention
RESOLUTION
Whereas, the Utah Republican Party "support(s) the "Rule of Law" and believe(s) in upholding the law of the land." (Platform Preamble)
Whereas, the Law of the Land, the United States Constitution declares: "The United States shall guarantee to every State in this Union a Republican form of Government, and shall protect each of them against invasion." (Article IV Section 4)
Whereas, there are laws in effect governing immigration into the United States and laws concerning the hiring of illegal aliens within this country; (INA: Section 274A "It is unlawful for a person or other entity to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien.")
Whereas, it was shown in a Legislative Audit that at least 95,000 illegal aliens were issued Utah Drivers’ Licenses and Identification Cards and that many illegal aliens cast votes in recent elections; http://www.le.state.ut.us/audit/05_01ilr.pdf
Whereas, it is estimated there are between 65,000 (INS Feb 2003) and 200,000 illegal aliens currently residing within Utah State boundaries;
Whereas, each House of the Utah Legislature recently passed a Resolution opposing FTAA, which, if passed, would further encourage so-called "open" borders and further "immigration"; (HR 9, SR 1)
Therefore, we, the duly elected Delegates to the 2005 Utah Republican Party Convention hereby humbly request a Legislative Audit into the true cost to the Taxpayers of Utah of said presence of illegal aliens, including Education Costs, Medical Costs, Resident College Tuition Rates; Incarceration and Police Costs; Lowering of the General Wage Rate; Income Loss to Displaced Workers; Welfare Benefits and any, and all, other costs associated with this illegality.
Further, we call upon the Utah Legislature to pass laws to limit benefits provided to those illegally present within our borders, and provide penalties for both those who knowingly provide service to those in violation of immigration laws as well as those who receive services; and for the Governor to ensure that law enforcement vigorously aid in enforcing immigration law and for our Federal Representative to enact measures to Secure Our Borders and cause current Immigration laws and policies to be enforced.
Lastly, while recognizing the positive impact of legal immigrants to the United States, we encourage any, and all, of those people illegally residing in Utah to return to their country of origin and citizenship taking with them any lessons they have learned of neighborliness, freedom, respect for law, Free Enterprise and proper governmental principles and work to incorporate those principles into their respective countries, wishing them Godspeed in their journey, and welcome their legal return.
We direct the Secretary of the Party to send a copy of this Resolution to all of the members of the Utah House and Senate, the Governor, and to our elected Republican Congressmen and Senators.
Respectfully submitted and approved this 27th day of August 2005.
Whereas, the Utah Republican Party "support(s) the "Rule of Law" and believe(s) in upholding the law of the land." (Platform Preamble)
Whereas, the Law of the Land, the United States Constitution declares: "The United States shall guarantee to every State in this Union a Republican form of Government, and shall protect each of them against invasion." (Article IV Section 4)
Whereas, there are laws in effect governing immigration into the United States and laws concerning the hiring of illegal aliens within this country; (INA: Section 274A "It is unlawful for a person or other entity to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien.")
Whereas, it was shown in a Legislative Audit that at least 95,000 illegal aliens were issued Utah Drivers’ Licenses and Identification Cards and that many illegal aliens cast votes in recent elections; http://www.le.state.ut.us/audit/05_01ilr.pdf
Whereas, it is estimated there are between 65,000 (INS Feb 2003) and 200,000 illegal aliens currently residing within Utah State boundaries;
Whereas, each House of the Utah Legislature recently passed a Resolution opposing FTAA, which, if passed, would further encourage so-called "open" borders and further "immigration"; (HR 9, SR 1)
Therefore, we, the duly elected Delegates to the 2005 Utah Republican Party Convention hereby humbly request a Legislative Audit into the true cost to the Taxpayers of Utah of said presence of illegal aliens, including Education Costs, Medical Costs, Resident College Tuition Rates; Incarceration and Police Costs; Lowering of the General Wage Rate; Income Loss to Displaced Workers; Welfare Benefits and any, and all, other costs associated with this illegality.
Further, we call upon the Utah Legislature to pass laws to limit benefits provided to those illegally present within our borders, and provide penalties for both those who knowingly provide service to those in violation of immigration laws as well as those who receive services; and for the Governor to ensure that law enforcement vigorously aid in enforcing immigration law and for our Federal Representative to enact measures to Secure Our Borders and cause current Immigration laws and policies to be enforced.
Lastly, while recognizing the positive impact of legal immigrants to the United States, we encourage any, and all, of those people illegally residing in Utah to return to their country of origin and citizenship taking with them any lessons they have learned of neighborliness, freedom, respect for law, Free Enterprise and proper governmental principles and work to incorporate those principles into their respective countries, wishing them Godspeed in their journey, and welcome their legal return.
We direct the Secretary of the Party to send a copy of this Resolution to all of the members of the Utah House and Senate, the Governor, and to our elected Republican Congressmen and Senators.
Respectfully submitted and approved this 27th day of August 2005.
Tancredo "Mecca" Comments
Here's a transcript of Tancredo's comments on "Mecca" Better yet LISTEN to the actual interview to hear the thought process and hesitancy in the response as something just off the top of his head.
http://www.540wfla.com/timages/page/media/Tancredo_comments_071405.mp3
Transcript of Tancredo comments
By Rocky Mountain NewsJuly 18, 2005
Comments made by Rep. Tom Tancredo on Friday during an on-air interview on radio station WFLA in Orlando, Fla. Host Pat Campbell and the congressman were discussing the possibility of future terrorist attacks inside the United States.
Campbell: Worst case scenario, if they do have these nukes inside the borders and they were to use something like that — what would our response be?
Tancredo: What would be the response? You know, there are things that you could threaten to do before something like that happens and then you may have to do afterwards that are quite draconian.
Campbell: Such as...
Tancredo: Well, what if you said something like — if this happens in the United States, and we determine that it is the result of extremist, fundamentalist Muslims, um, you know, you could take out their holy sites . . .
Campbell: You're talking about bombing Mecca.
Tancredo: Yeah. What if you said — what if you said that we recognize that this is the ultimate threat to the United States — therefore this is the ultimate threat, this is the ultimate response.
I mean, I don't know, I'm just throwing out there some ideas because it seems to me . . . at that point in time you would be talking about taking the most draconian measures you could possibly imagine and because other than that all you could do is once again tighten up internally.
http://www.540wfla.com/timages/page/media/Tancredo_comments_071405.mp3
Transcript of Tancredo comments
By Rocky Mountain NewsJuly 18, 2005
Comments made by Rep. Tom Tancredo on Friday during an on-air interview on radio station WFLA in Orlando, Fla. Host Pat Campbell and the congressman were discussing the possibility of future terrorist attacks inside the United States.
Campbell: Worst case scenario, if they do have these nukes inside the borders and they were to use something like that — what would our response be?
Tancredo: What would be the response? You know, there are things that you could threaten to do before something like that happens and then you may have to do afterwards that are quite draconian.
Campbell: Such as...
Tancredo: Well, what if you said something like — if this happens in the United States, and we determine that it is the result of extremist, fundamentalist Muslims, um, you know, you could take out their holy sites . . .
Campbell: You're talking about bombing Mecca.
Tancredo: Yeah. What if you said — what if you said that we recognize that this is the ultimate threat to the United States — therefore this is the ultimate threat, this is the ultimate response.
I mean, I don't know, I'm just throwing out there some ideas because it seems to me . . . at that point in time you would be talking about taking the most draconian measures you could possibly imagine and because other than that all you could do is once again tighten up internally.
Cannon Spurns Debate Offer
Anti-illegal immigration group had hoped for Utahn-Coloradan match
By Deborah BulkeleyDeseret Morning News
Utahns will apparently have to wait for Congress to convene next month to hear a spirited debate on the volatile issue of immigration after U.S. Rep. Chris Cannon, R-Utah, turned down an offer to debate a fellow Republican on the matter later this month.
U.S. Rep. Tom Tancredo, R-Colo., is scheduled to visit Utah Aug. 24 and 25 to discuss immigration and border security at three public forums.
The local anti-illegal immigration group, Utahns For Immigration Reform and Enforcement, invited the Colorado congressman and had hoped one of his appearances would include a debate with Cannon.
The two congressmen are on opposite ends of the immigration spectrum — Cannon supports giving undocumented workers a way to earn legal status and is one of President Bush's point men on his comprehensive immigration proposal. Tancredo, on the other hand, is co-sponsoring legislation that would bolster border security, crack down on illegal immigrants and their employers as well as create a temporary guest worker plan without offering amnesty.
In response to the debate invitation, Cannon's chief of staff, Joe Hunter, said simply, "Congressman Cannon plans to spend the 24th at home working on his irrigation system. However, given Mr. Tancredo's recent interest in religious sites, we would suggest our visitor from Colorado might want to occupy his time touring Temple Square."
Hunter was referring to a remark Tancredo made last month that the United States could respond to a nuclear strike by Islamic terrorists by bombing Muslim holy sites.
Tancredo was traveling and could not be reached for comment Wednesday. He has since apologized for offending anyone with his remarks on Muslim holy sites.
UFIRE Chairman Mike Sizer said he believed that those attending the 3forum would probably like to hear from both sides. "It just appears, apparently, that Congressman Cannon feels that our borders, immigration, national security, is just a joke," said UFIRE Chairman Mike Sizer. "I don't think the citizens of Utah consider this to be a joke."
By Deborah BulkeleyDeseret Morning News
Utahns will apparently have to wait for Congress to convene next month to hear a spirited debate on the volatile issue of immigration after U.S. Rep. Chris Cannon, R-Utah, turned down an offer to debate a fellow Republican on the matter later this month.
U.S. Rep. Tom Tancredo, R-Colo., is scheduled to visit Utah Aug. 24 and 25 to discuss immigration and border security at three public forums.
The local anti-illegal immigration group, Utahns For Immigration Reform and Enforcement, invited the Colorado congressman and had hoped one of his appearances would include a debate with Cannon.
The two congressmen are on opposite ends of the immigration spectrum — Cannon supports giving undocumented workers a way to earn legal status and is one of President Bush's point men on his comprehensive immigration proposal. Tancredo, on the other hand, is co-sponsoring legislation that would bolster border security, crack down on illegal immigrants and their employers as well as create a temporary guest worker plan without offering amnesty.
In response to the debate invitation, Cannon's chief of staff, Joe Hunter, said simply, "Congressman Cannon plans to spend the 24th at home working on his irrigation system. However, given Mr. Tancredo's recent interest in religious sites, we would suggest our visitor from Colorado might want to occupy his time touring Temple Square."
Hunter was referring to a remark Tancredo made last month that the United States could respond to a nuclear strike by Islamic terrorists by bombing Muslim holy sites.
Tancredo was traveling and could not be reached for comment Wednesday. He has since apologized for offending anyone with his remarks on Muslim holy sites.
UFIRE Chairman Mike Sizer said he believed that those attending the 3forum would probably like to hear from both sides. "It just appears, apparently, that Congressman Cannon feels that our borders, immigration, national security, is just a joke," said UFIRE Chairman Mike Sizer. "I don't think the citizens of Utah consider this to be a joke."
Huntsman Mexico IV
Utahns vs. Huntsman Immigration Policy
Contrary to your front-page headline "Utahns back Huntsman," your poll question merely indicates that 85% in the poll feel that the Governor should "focus on immigration issues." Secondly, the question seems to indicate that Governor Huntsman "will take the lead on finding solutions to (Mexico's) immigration problems." This premise is actually strengthened by his two proposals for 'solutions,' namely "tapping Mexican teachers to help immigrant students learn English" (Deseret News, July 13) and "proposals to speed up the process by which immigrants can become U.S. citizens" (Deseret News, July 14)
I would surmise that these are hardly the solutions to "immigration issues" supported by most Utahns - but solutions were not mentioned in the poorly worded (biased) poll. The question might also be asked, "Why are the results of a poll of 413 Utah residents, with a margin of error of +/- 5 % Front-Page news anyway?" Except for its propaganda value, it should barely make the opinion page.
Contrary to your front-page headline "Utahns back Huntsman," your poll question merely indicates that 85% in the poll feel that the Governor should "focus on immigration issues." Secondly, the question seems to indicate that Governor Huntsman "will take the lead on finding solutions to (Mexico's) immigration problems." This premise is actually strengthened by his two proposals for 'solutions,' namely "tapping Mexican teachers to help immigrant students learn English" (Deseret News, July 13) and "proposals to speed up the process by which immigrants can become U.S. citizens" (Deseret News, July 14)
I would surmise that these are hardly the solutions to "immigration issues" supported by most Utahns - but solutions were not mentioned in the poorly worded (biased) poll. The question might also be asked, "Why are the results of a poll of 413 Utah residents, with a margin of error of +/- 5 % Front-Page news anyway?" Except for its propaganda value, it should barely make the opinion page.
Wednesday, August 03, 2005
Tancredo Debate
UFIRE Sponsors Tancredo - Cannon Debate
UFIRE (Utahns for Immigration Reform and Enforcement) will be sponsoring a debate between Colorado Congressman Tom Tancredo and Utah's Congressman Chris Cannon. The meeting is scheduled for Wednesday, August 24th at the Lakeridge Junior High, 951 S 400 W in Orem. Mr. Cannon is well know for his AgJobs bill which "would reform the current agricultural guestworker program to allow agricultural employers unable to find American workers to hire immigrant farmworkers." http://chriscannon.house.gov/press2004/feb24.htm Mr. Tancredo is in the forefront of the national movement to control illegal immigration and is the Founder of Team America, whose "mission is to identify, recruit and help elect to public office individual Patriots who agree with the principle of defending our borders and protecting America's jobs." http://www.tancredo.org/info/team_america_pac.html
Both Congressmen were invited last week to allow their offices to participate in setting the format for the debate. While Mr. Cannon has not responded to UFIRE's invitation to participate, Mr. Tancredo has accepted the challenge as a part of his visit to Utah for public meetings to discuss the illegal immigration issue. He will be speaking in St. George at noon on Thursday, August 25th at the Holiday Inn and in the evening in Salt Lake City at Salt Lake Community College. Congressman Tancredo is being considered as a Republican Presidential candidate in 2008. As Congress is now in its summer recess, hopefully Mr. Cannon can arrange his schedule to attend.
Cannon and Tancredo have debated immigration many times, including an appearance on the O'Reilly Factor and on PBS' Jim Lehrer News Hour. On the Lehrer show Tancredo asked: "I'd love anybody to explain to me how they think amnesty helps solve the problem of illegal immigration; it certainly doesn't. We tried it in 1986. What happened, of course, is immigration -- illegal immigration exploded because we sent the wrong message; that is, get here avoid detection, stay long enough and we'll give you legalized status. It's a bad, bad thing for a government to do." Cannon's response was: "I think the problem here is that when you talk about amnesty, you're dealing with a very divisive concept. And the reason we don't talk about amnesty anymore is because actually we are talking about a very different concept. And frankly we're talking in an environment where the concepts are changing pretty radically. I mean the idea that you would deal with immigration issues in the context of bilateral discussions with a friendly nation is something we haven't done before." http://www.pbs.org/newshour/bb/congress/july-dec01/immigration_9-6.html
During a forum in Washington, sponsored by the Latino Coalition, a Hispanic business group, Rep. Cannon opined that ""I think he ought to consider his views and decide whether they're consistent with the Republican Party," Rep. Chris Cannon, R-Utah, said of the Colorado congressman" (Tancredo). Tancredo's response was: "Of the two of us, Mr. Cannon is the only one who has had a primary (challenge since taking office)," Tancredo said. "Evidently, there are a lot of people in his district who believe he is not Republican enough." http://insidedenver.com/drmn/state/article/0,1299,DRMN_21_3753626,00.html
The immigration issue is ripe for debate and UFIRE members hope that people will join in becoming more informed on both sides so that informed discussion and decisions can be made.
UFIRE (Utahns for Immigration Reform and Enforcement) will be sponsoring a debate between Colorado Congressman Tom Tancredo and Utah's Congressman Chris Cannon. The meeting is scheduled for Wednesday, August 24th at the Lakeridge Junior High, 951 S 400 W in Orem. Mr. Cannon is well know for his AgJobs bill which "would reform the current agricultural guestworker program to allow agricultural employers unable to find American workers to hire immigrant farmworkers." http://chriscannon.house.gov/press2004/feb24.htm Mr. Tancredo is in the forefront of the national movement to control illegal immigration and is the Founder of Team America, whose "mission is to identify, recruit and help elect to public office individual Patriots who agree with the principle of defending our borders and protecting America's jobs." http://www.tancredo.org/info/team_america_pac.html
Both Congressmen were invited last week to allow their offices to participate in setting the format for the debate. While Mr. Cannon has not responded to UFIRE's invitation to participate, Mr. Tancredo has accepted the challenge as a part of his visit to Utah for public meetings to discuss the illegal immigration issue. He will be speaking in St. George at noon on Thursday, August 25th at the Holiday Inn and in the evening in Salt Lake City at Salt Lake Community College. Congressman Tancredo is being considered as a Republican Presidential candidate in 2008. As Congress is now in its summer recess, hopefully Mr. Cannon can arrange his schedule to attend.
Cannon and Tancredo have debated immigration many times, including an appearance on the O'Reilly Factor and on PBS' Jim Lehrer News Hour. On the Lehrer show Tancredo asked: "I'd love anybody to explain to me how they think amnesty helps solve the problem of illegal immigration; it certainly doesn't. We tried it in 1986. What happened, of course, is immigration -- illegal immigration exploded because we sent the wrong message; that is, get here avoid detection, stay long enough and we'll give you legalized status. It's a bad, bad thing for a government to do." Cannon's response was: "I think the problem here is that when you talk about amnesty, you're dealing with a very divisive concept. And the reason we don't talk about amnesty anymore is because actually we are talking about a very different concept. And frankly we're talking in an environment where the concepts are changing pretty radically. I mean the idea that you would deal with immigration issues in the context of bilateral discussions with a friendly nation is something we haven't done before." http://www.pbs.org/newshour/bb/congress/july-dec01/immigration_9-6.html
During a forum in Washington, sponsored by the Latino Coalition, a Hispanic business group, Rep. Cannon opined that ""I think he ought to consider his views and decide whether they're consistent with the Republican Party," Rep. Chris Cannon, R-Utah, said of the Colorado congressman" (Tancredo). Tancredo's response was: "Of the two of us, Mr. Cannon is the only one who has had a primary (challenge since taking office)," Tancredo said. "Evidently, there are a lot of people in his district who believe he is not Republican enough." http://insidedenver.com/drmn/state/article/0,1299,DRMN_21_3753626,00.html
The immigration issue is ripe for debate and UFIRE members hope that people will join in becoming more informed on both sides so that informed discussion and decisions can be made.
Sunday, July 31, 2005
Latino Service day II
My view: Repeal incentives that attract illegal immigrants
. . . . Yes, let us all continue in service to our fellow man but continue to recognize that service needs to come from individual effort, not government handouts. We are all aware that Hispanics are generally industrious people, but perhaps service projects should not be used to enhance a political objective. . . .
Latinos gather to offer service around the stateSalt Lake Tribune, United States - 20 hours ago
. . . They were held throughout the state to help dispel misconceptions that Latinos are a burden on the state and its resources. . .,
. . . I don't just want to say I'm from Argentina. I want to say I'm American. . . .. . . moving to Utah to improve her children's educational opportunities . . ..
Latino Hold Service Day Across The StateKUTV, UT - 22 hours ago(KUTV) Latinos in Utah took part in a big effort Saturday to show community pride. From Logan to St. George more than 25 projects ... . . . The Latino population in Utah is about 300,000, . . .
. . ."People just want an opportunity to better themselves, to have an education for their kids, and to have a better life for their kids," . . .
. . . "We are living here. We are raising our families here, and we need to feel that this is our country, it’s our nation, and we have to work together," . . .
Latino Community Plans Service ProjectsKSL-TV, UT - Jul 29, 2005Minutemen have taken their fight to keep illegal immigrants out of the country to the Utah Statehouse. But Utah Latinos say they ...
. . ."Our population is so young, so new to the state, and I don't think a lot of our community has instilled service in their blood yet." . . .
. . .Yapias admits there is an immigration problem, but also wants people to know not every Latino is an illegal immigrant. . . .
IN OUR VIEW Latino service project attacks stereotypesProvo Daily Herald, UT - Jul 30, 2005
. . . They're also hoping to change some people's perception of the area's growing Hispanic population. . .
. . . as with other ethnic groups that have come to America, there has been friction between Hispanics and their neighbors. . . .
. . . this strain has led Hispanics to stage boycotts to show the community their economic power . . .
. . . . Yes, let us all continue in service to our fellow man but continue to recognize that service needs to come from individual effort, not government handouts. We are all aware that Hispanics are generally industrious people, but perhaps service projects should not be used to enhance a political objective. . . .
Latinos gather to offer service around the stateSalt Lake Tribune, United States - 20 hours ago
. . . They were held throughout the state to help dispel misconceptions that Latinos are a burden on the state and its resources. . .,
. . . I don't just want to say I'm from Argentina. I want to say I'm American. . . .. . . moving to Utah to improve her children's educational opportunities . . ..
Latino Hold Service Day Across The StateKUTV, UT - 22 hours ago(KUTV) Latinos in Utah took part in a big effort Saturday to show community pride. From Logan to St. George more than 25 projects ... . . . The Latino population in Utah is about 300,000, . . .
. . ."People just want an opportunity to better themselves, to have an education for their kids, and to have a better life for their kids," . . .
. . . "We are living here. We are raising our families here, and we need to feel that this is our country, it’s our nation, and we have to work together," . . .
Latino Community Plans Service ProjectsKSL-TV, UT - Jul 29, 2005Minutemen have taken their fight to keep illegal immigrants out of the country to the Utah Statehouse. But Utah Latinos say they ...
. . ."Our population is so young, so new to the state, and I don't think a lot of our community has instilled service in their blood yet." . . .
. . .Yapias admits there is an immigration problem, but also wants people to know not every Latino is an illegal immigrant. . . .
IN OUR VIEW Latino service project attacks stereotypesProvo Daily Herald, UT - Jul 30, 2005
. . . They're also hoping to change some people's perception of the area's growing Hispanic population. . .
. . . as with other ethnic groups that have come to America, there has been friction between Hispanics and their neighbors. . . .
. . . this strain has led Hispanics to stage boycotts to show the community their economic power . . .
Saturday, July 30, 2005
Latino Service Day
http://deseretnews.com/dn/view/0,1249,600150738,00.html
Yes, a Service Day is a fine idea - all citizens should (and do) participate in Service. Yes, good will is always a good option. As far as your reference to "the negative buzz of anti-immigration groups," we can only assume that the Deseret News includes Utahns for Immigration Reform and Enforcement (UFIRE) in this category. We have seen little "negative publicity swirling about immigrants;" in fact, we have seen a great deal of positive publicity emanating from the presses of the Deseret News about immigrants. There is little controversy, within the State of Utah, over immigrants, but there is a large controversy over ILLEGAL Immigrants. The majority of Utahns favor the Rule of Law; they welcome incoming immigrants entering our country using the proper legal avenues available.
The United States currently allows about a million people a year to take up legal residence in this country; this number is now becoming overshadowed by the massive influx of those who sneak across nearby borders, urged on by the promise of better jobs, government benefits, free education for their children, health care and a better life. By entering illegally, they are basically supplanting many who have waited years to enter this country, including many relatives and friends of US citizens.
Apparently, the Deseret News has adopted Chris Cannon's declaration in 2002, when receiving the "Excellence in Leadership" from the Mexican-American Legal Defense and Education Fund (MALDEF), "We love immigrants in Utah. . . . And we don't often times make the distinction between legal and illegal." Most Utahns cherish our immigrant heritage and welcome new people, but we do demand that people obey immigration laws. Continually adding enticements and benefits to illegal entrants will do nothing to stem the ever increasing tide. The past and proposed amnesties have done, and will do, nothing to solve the problem. Employers evading employment laws and hiring illegal aliens are as guilty as those breaking the entry laws.
UFIRE calls on the State of Utah to continue forward with repealing instate tuition for illegal aliens and to look for ways to decrease, rather than increase, taxpayer-provided benefits which further attract more illegal immigrants to our State. We also encourage the legislature to conduct an audit of the true cost of illegal aliens to the taxpayers of Utah to refute the erroneous platitude that "cheap labor" benefits us all. Cheap labor may benefit some employers, but unwarranted benefits parlay the hidden costs to all taxpayers. The United States, and in particular, the State of Utah cannot continue to fund the benefits not provided by employers.
UFIRE is inviting Colorado Congressman Tom Tancredo to visit our fair state to discuss immigration issues. Mr. Tancredo is in the forefront of the national effort to resolve illegal immigration problems. He will be attending meetings in St. George, Utah County and Salt Lake City on August 24th, 24th and 26th.
Yes, let us all continue in service to our fellow man, but continue to recognize that service needs to come from individual effort, not government handouts. We are all aware that Hispanics are generally industrious people, but perhaps service projects should not be used to enhance a political objective.
Yes, a Service Day is a fine idea - all citizens should (and do) participate in Service. Yes, good will is always a good option. As far as your reference to "the negative buzz of anti-immigration groups," we can only assume that the Deseret News includes Utahns for Immigration Reform and Enforcement (UFIRE) in this category. We have seen little "negative publicity swirling about immigrants;" in fact, we have seen a great deal of positive publicity emanating from the presses of the Deseret News about immigrants. There is little controversy, within the State of Utah, over immigrants, but there is a large controversy over ILLEGAL Immigrants. The majority of Utahns favor the Rule of Law; they welcome incoming immigrants entering our country using the proper legal avenues available.
The United States currently allows about a million people a year to take up legal residence in this country; this number is now becoming overshadowed by the massive influx of those who sneak across nearby borders, urged on by the promise of better jobs, government benefits, free education for their children, health care and a better life. By entering illegally, they are basically supplanting many who have waited years to enter this country, including many relatives and friends of US citizens.
Apparently, the Deseret News has adopted Chris Cannon's declaration in 2002, when receiving the "Excellence in Leadership" from the Mexican-American Legal Defense and Education Fund (MALDEF), "We love immigrants in Utah. . . . And we don't often times make the distinction between legal and illegal." Most Utahns cherish our immigrant heritage and welcome new people, but we do demand that people obey immigration laws. Continually adding enticements and benefits to illegal entrants will do nothing to stem the ever increasing tide. The past and proposed amnesties have done, and will do, nothing to solve the problem. Employers evading employment laws and hiring illegal aliens are as guilty as those breaking the entry laws.
UFIRE calls on the State of Utah to continue forward with repealing instate tuition for illegal aliens and to look for ways to decrease, rather than increase, taxpayer-provided benefits which further attract more illegal immigrants to our State. We also encourage the legislature to conduct an audit of the true cost of illegal aliens to the taxpayers of Utah to refute the erroneous platitude that "cheap labor" benefits us all. Cheap labor may benefit some employers, but unwarranted benefits parlay the hidden costs to all taxpayers. The United States, and in particular, the State of Utah cannot continue to fund the benefits not provided by employers.
UFIRE is inviting Colorado Congressman Tom Tancredo to visit our fair state to discuss immigration issues. Mr. Tancredo is in the forefront of the national effort to resolve illegal immigration problems. He will be attending meetings in St. George, Utah County and Salt Lake City on August 24th, 24th and 26th.
Yes, let us all continue in service to our fellow man, but continue to recognize that service needs to come from individual effort, not government handouts. We are all aware that Hispanics are generally industrious people, but perhaps service projects should not be used to enhance a political objective.
Friday, July 22, 2005
Have we really stopped illegals from getting Driver's Licenses?
Have we really stopped illegals from getting Driver's Licenses? Have we solved the problem of 95,000 illegal aliens with fraudulently issued Utah documents? Have we made our voting integrity more secure?
The regulations remain unchanged for Driver's Licenses. Apparently a Maticula Consular card is sufficient to get a Utah Driver's License.
***comments and BOLD added***
http://driverlicense.utah.gov/id.html
"When you first apply for a Utah driver license, you must provide proof of name, date and place of birth and your social security number. Items on the following lists are generally acceptable as proof. At least one form must be from the list of Primary Forms of Identification."
Primary Forms of Identification
- Certification of Naturalization
- Certificate of Citizenship
- Delayed Birth Certificate*
- Driver License issued in the U.S.
- Foreign Birth Certificate with Notarized Translation*
- Foreign Passport with VISA stamped on attached
- I-94 Card of INS I-551 Card
- Indian Blood Certificate
- Matricular Consular/ID (issued in Utah only)
- Resident Alien Card
- U.S. Birth Certificate*
- U.S. Certificate of Birth Abroad*
- U.S. Passport
- U.S. Military ID Card or DD-214
Secondary Forms of Identification
- Marriage License/Certificate
- BIA/Tribal Treaty/ID Card
- Medical Insurance ID Card
- Motor Vehicle Clearance Letter
- Out-of-Country Driver License
- Employee ID Badge (with Photo)
- International Driver License/Permit
- Veterans Administration Card
- IRS Generated Documents
- Concealed weapons Permit
- Employee Authorization Card (with passport)
- Court of Record Documents: Adoption, Bankruptcy Decree,Divorce, Emancipation, Name
Change - Bank Card ***can be obtained with Matricula***
- Church Records
- Credit Card (with photo)
- School ID (with photo)
- Professional License
- Voter Registration Card
- Selective Service Card
- Selective Service Reg.
- Social Security Card ***Remember recent ID theft news in Utah***
Below are the new requirements for a Driver Privilege Card (DPC).
Does this meet the intent of the law? A DPC apparently requires two things - an ITIN (supposedly to indicate "worker" or taxpaying status - and not to be used for ID purposes, per IRS) and two forms of address ID - one filling the requirement could be a "Court order of probation, order of parole or order of mandatory release" which certainly sounds like someone having been involved in, shall we say, "unfriendly" activities. Recently we had identity theft arrests involving illegal aliens; if Social Security numbers are for sale for $20, it seems certain that ITIN's might go for $10. What have we accomplished with this legislation? Have we made Utah safer? Have we caused people to become more law abiding?
http://driverlicense.utah.gov/Driving%20Privilege%20Card.htm
Driving Privilege Card
Senate Bill 227 became law, effective March 8, 2005 with the signature of Governor Jon Huntsman, Jr. The law provides for a “Driving Privilege Card” for applicants who meet all requirements for a regular driver license, with the exception of qualifying for a Social Security number. The card allows for driving only and is not valid for identification purposes with any government entity.
- Applicant must provide an individual tax identification number (ITIN) from the IRS. ***fake ones for sale for $20??? Are they verified on application?***
- Applicant must provide proof of Utah residence address using two different types of verifiable documents from the list below.
In order to verify a residence address as the individual’s place of domicile or an address where the individual resides as a resident, an application for a Utah driver license, Utah driving privilege card, or Utah identification card shall be accompanied by a minimum of two different types of original (current and valid) documents from the following list identifying the individual’s name and residence address:
(a) Property tax notice, statement or receipt, within 1 year
(b) Utility bill, billing date within 60 days, no cell phone bill
(c) Utah Vehicle registration or title, current not expired
(d) Bank statement, within 60 days ***can be obtained with Matricula***
(e) Recent mortgage papers
(f) Current residential rental contract
(g) Major credit card bill, within 60 days
(h) Court order of probation, order of parole or order of mandatory release, must display residential address on the order ***illegal alien ex-convicts on parole are eligible for DPC????***
(i) Transcript(s) from an accredited college, university, or high school
Friday, July 15, 2005
Illegal Alien Employment Documentation
Following is the law on documentation requirement for employment - ID's fall in two categories employment authorization and identity -It is required to have either one from paragraph B or one from C AND one from D. In other words, it appears that a SS Card AND a Driver's License is required if the employee does not have a Passport or Alien Card - so an illegal with a Driver's Privilege Card could NOT be hired, even with a fake unverified SS Card. (of course this is only my interpretation of this law)
Note that the Attorney General (US??) can prohibit the use of various forms of ID:
http://www.dol.gov/esa/regs/statutes/whd/0006.iana.htm
(B) Documents establishing both employment authorization and identity. A document described in this subparagraph is an individual's
(i) United States passport;
(ii) resident alien card, alien registration card, or other document designated by the Attorney General, if the document
(I) contains a photograph of the individual and such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this subsection,
(II) is evidence of authorization of employment in the United States, and
(III) contains security features to make it resistant to tampering, counterfeiting, and fraudulent use.
(C) Documents evidencing employment authorization. A document described in this subparagraph is an individual's
(i) social security account number card (other than such a card which specifies on the face that the issuance of the card does not authorize employment in the United States); or
(ii) other documentation evidencing authorization of employment in the United States which the Attorney General finds, by regulation, to be acceptable for purposes of this section.
(D) Documents establishing identity of individual.A document described in this subparagraph is an individual's
(i) driver's license or similar document issued for the purpose of identification by a State, if it contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this section; or
(ii) in the case of individuals under 16 years of age or in a State which does not provide for issuance of an identification document (other than a driver's license) referred to in clause (i), documentation of personal identity of such other type as the Attorney General finds, by regulation, provides a reliable means of identification.
(E) Authority to prohibit use of certain documents. If the Attorney General finds, by regulation, that any document described in subparagraph (B), (C), or (D) as establishing employment authorization or identity does not reliably establish such authorization or identity or is being used fraudulently to an unacceptable degree, the Attorney General may prohibit or place conditions on its use for purposes of this subsection.
(2) Individual attestation of employment authorization. The individual must attest, under penalty of perjury on the form designated or established for purposes of paragraph (1), that the individual is a citizen or national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this Act or by the Attorney General to be hired, recruited, or referred for such employment.
Note that the Attorney General (US??) can prohibit the use of various forms of ID:
http://www.dol.gov/esa/regs/statutes/whd/0006.iana.htm
(B) Documents establishing both employment authorization and identity. A document described in this subparagraph is an individual's
(i) United States passport;
(ii) resident alien card, alien registration card, or other document designated by the Attorney General, if the document
(I) contains a photograph of the individual and such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this subsection,
(II) is evidence of authorization of employment in the United States, and
(III) contains security features to make it resistant to tampering, counterfeiting, and fraudulent use.
(C) Documents evidencing employment authorization. A document described in this subparagraph is an individual's
(i) social security account number card (other than such a card which specifies on the face that the issuance of the card does not authorize employment in the United States); or
(ii) other documentation evidencing authorization of employment in the United States which the Attorney General finds, by regulation, to be acceptable for purposes of this section.
(D) Documents establishing identity of individual.A document described in this subparagraph is an individual's
(i) driver's license or similar document issued for the purpose of identification by a State, if it contains a photograph of the individual or such other personal identifying information relating to the individual as the Attorney General finds, by regulation, sufficient for purposes of this section; or
(ii) in the case of individuals under 16 years of age or in a State which does not provide for issuance of an identification document (other than a driver's license) referred to in clause (i), documentation of personal identity of such other type as the Attorney General finds, by regulation, provides a reliable means of identification.
(E) Authority to prohibit use of certain documents. If the Attorney General finds, by regulation, that any document described in subparagraph (B), (C), or (D) as establishing employment authorization or identity does not reliably establish such authorization or identity or is being used fraudulently to an unacceptable degree, the Attorney General may prohibit or place conditions on its use for purposes of this subsection.
(2) Individual attestation of employment authorization. The individual must attest, under penalty of perjury on the form designated or established for purposes of paragraph (1), that the individual is a citizen or national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this Act or by the Attorney General to be hired, recruited, or referred for such employment.
Huntsman to Mexico III
Huntsman tells Fox of plan to push immigration issue
"telling Mexican President Vicente Fox and other officials here that he'll take on the immigration issue with the help of America's Western governors.
As for immigration, Huntsman said he'll work through the Western Governors Association to search for a solution. That could involve organizing a task force, the governor said, that would consider a variety of proposals to speed up the process by which immigrants can become U.S. citizens."
Comment: speeding the process for legal immigrants is nice, but how does that solve the ILLEGAL alien problem.
"That just came out of discussions with senior officials," Huntsman said of his decision to tackle the issue. "I think there's a serious need to reinvigorate the whole discussion on immigration. It's falling victim to politics here in Mexico and maybe to some level of indifference at home. I think it's one of the most critical issues of our time and requires a good public policy solution."
"Indifference" in Utah???? Well, at least, he's right on "critical issue" - but what is critical the speed or the illegality?
"Immigration, he said, came up repeatedly throughout his four-day visit. "I don't think we had a conversation where it didn't come up in some form or fashion."
Sure, Mexico wants no restrictions and unlimited immigration to help solve their economic problems - by pawning off the costs to American taxpayers.
""We all need to pull together as nation-states."
Is Utah now a Nation-State? http://en.wikipedia.org/wiki/Nation-state
Is Gov.Huntsman suggesting joining together in regional government?
http://www.theglobalist.com/DBWeb/StoryId.aspx?StoryId=4615 "In a world of near instant communications, the nation state is irrelevant. One of the outward symbols of its existence is the national border, staffed by uniformed officials checking papers and manning barricades. But what use are such border controls in the world of the Internet, for example?
Quite simply, the world has moved on. For many "statists," the concept of the national centralized government was — in its day — progressive and forward-looking."
"telling Mexican President Vicente Fox and other officials here that he'll take on the immigration issue with the help of America's Western governors.
As for immigration, Huntsman said he'll work through the Western Governors Association to search for a solution. That could involve organizing a task force, the governor said, that would consider a variety of proposals to speed up the process by which immigrants can become U.S. citizens."
Comment: speeding the process for legal immigrants is nice, but how does that solve the ILLEGAL alien problem.
"That just came out of discussions with senior officials," Huntsman said of his decision to tackle the issue. "I think there's a serious need to reinvigorate the whole discussion on immigration. It's falling victim to politics here in Mexico and maybe to some level of indifference at home. I think it's one of the most critical issues of our time and requires a good public policy solution."
"Indifference" in Utah???? Well, at least, he's right on "critical issue" - but what is critical the speed or the illegality?
"Immigration, he said, came up repeatedly throughout his four-day visit. "I don't think we had a conversation where it didn't come up in some form or fashion."
Sure, Mexico wants no restrictions and unlimited immigration to help solve their economic problems - by pawning off the costs to American taxpayers.
""We all need to pull together as nation-states."
Is Utah now a Nation-State? http://en.wikipedia.org/wiki/Nation-state
Is Gov.Huntsman suggesting joining together in regional government?
http://www.theglobalist.com/DBWeb/StoryId.aspx?StoryId=4615 "In a world of near instant communications, the nation state is irrelevant. One of the outward symbols of its existence is the national border, staffed by uniformed officials checking papers and manning barricades. But what use are such border controls in the world of the Internet, for example?
Quite simply, the world has moved on. For many "statists," the concept of the national centralized government was — in its day — progressive and forward-looking."
Illegal Aliens and ID theft
http://radio.ksl.com/index.php?sid=219062&nid=19
SALT LAKE CITY (KSL News Services) -- SALT LAKE CITY (AP) --
Arrest warrants were issued Friday for five illegal immigrants who fraudulently used the Social Security numbers assigned to Utah children to get jobs.
The five were expected to be arrested on identity theft and forgery charges by early next week in an ongoing operation that could eventually land hundreds of undocumented workers in jail, Utah Assistant Attorney General Rich Hamp said.
"The numbers are being sold on the streets, you can virtually buy for $20 and get a forged Social Security card that you present to employers to get employment," he said. The Social Security Administration initiated the investigation when it came to the state, saying there seemed to be a problem in Utah with compromised Social Security numbers.
The ensuing investigation turned up at least 1,800 Social Security numbers assigned to Utah children 12 or under, with 90 percent to 95 percent of them being used by someone working.
Realizing that number was too unwieldy, investigators whittled the list down to about 200 names of children supposedly collecting wages.
"In terms of catching them (illegal immigrants), it was a matter of taking a kid's number, coming back with 5-year-olds that were making several thousand of dollars a year in a county other than where they live," Hamp said.
"It became kind of easy, the number is what is bothersome," he said.
Identity theft problems also were cropping up, he said, like when parents sent their child's Social Security number into CHIP, the state-run insurance program for children. "We've had kids that have gotten letters from the state, saying they can't get CHIPs program benefits because 'You're 30 and working,"' he said.
The numbers are easy to forge. Since those applying for Social Security numbers from Utah receive either a 528 or 529 number as the first three digits, forgers just make up at random the remaining six numbers, which are then put on a faked Social Security card.
Since this is being done at the street level and in a number of states, Hamp said it's too difficult to go after the sellers, and it's easier to find the buyers at their new jobs. Hamp said potential employers could prevent this problem by calling the Social Security Administration on a toll-free number to see if an applicant's Social Security number is valid. "The problem could be readily solved up front," he said.
The state investigation is a joint operation with the Office of Inspector General for the Social Security Administration and U.S. Immigration and Customs Enforcement.
(Copyright 2005 KSL NewsRadio 1160 & The Associated Press. All Rights Reserved.)
SALT LAKE CITY (KSL News Services) -- SALT LAKE CITY (AP) --
Arrest warrants were issued Friday for five illegal immigrants who fraudulently used the Social Security numbers assigned to Utah children to get jobs.
The five were expected to be arrested on identity theft and forgery charges by early next week in an ongoing operation that could eventually land hundreds of undocumented workers in jail, Utah Assistant Attorney General Rich Hamp said.
"The numbers are being sold on the streets, you can virtually buy for $20 and get a forged Social Security card that you present to employers to get employment," he said. The Social Security Administration initiated the investigation when it came to the state, saying there seemed to be a problem in Utah with compromised Social Security numbers.
The ensuing investigation turned up at least 1,800 Social Security numbers assigned to Utah children 12 or under, with 90 percent to 95 percent of them being used by someone working.
Realizing that number was too unwieldy, investigators whittled the list down to about 200 names of children supposedly collecting wages.
"In terms of catching them (illegal immigrants), it was a matter of taking a kid's number, coming back with 5-year-olds that were making several thousand of dollars a year in a county other than where they live," Hamp said.
"It became kind of easy, the number is what is bothersome," he said.
Identity theft problems also were cropping up, he said, like when parents sent their child's Social Security number into CHIP, the state-run insurance program for children. "We've had kids that have gotten letters from the state, saying they can't get CHIPs program benefits because 'You're 30 and working,"' he said.
The numbers are easy to forge. Since those applying for Social Security numbers from Utah receive either a 528 or 529 number as the first three digits, forgers just make up at random the remaining six numbers, which are then put on a faked Social Security card.
Since this is being done at the street level and in a number of states, Hamp said it's too difficult to go after the sellers, and it's easier to find the buyers at their new jobs. Hamp said potential employers could prevent this problem by calling the Social Security Administration on a toll-free number to see if an applicant's Social Security number is valid. "The problem could be readily solved up front," he said.
The state investigation is a joint operation with the Office of Inspector General for the Social Security Administration and U.S. Immigration and Customs Enforcement.
(Copyright 2005 KSL NewsRadio 1160 & The Associated Press. All Rights Reserved.)
Wednesday, July 13, 2005
Gov Huntsman to Mexico II
Part II http://deseretnews.com/dn/view/0,1249,600148232,00.html
"Besides promoting economic development and tourism, it also encourages education and cultural exchanges."
Isn't 250,000 people enough cultural "exchange"?
Let's see $122 million in trade gives maybe $40 million in profit to a few companies vs. $100 million to educate the illegals children. what's wrong with this equation?
"As for education, Huntsman said he was inviting the Mexican secretary of education to visit Utah to see what kind of language exchange programs might be possible. He has suggested that could include tapping Mexican teachers to help immigrant students learn English as a second language."
Oh, that's how we can have cultural exchange and "save" taxes for Utahns - hire Mexican teachers (at US salaries??). They can probably come in "legally" with necessary language teaching credentials that the current 250,000 do not have. Or maybe we can hire ALL teachers from Mexico (at Mexican rates) and teach all Utah students Spanish, English, math and culture and save education costs.
"Besides promoting economic development and tourism, it also encourages education and cultural exchanges."
Isn't 250,000 people enough cultural "exchange"?
Let's see $122 million in trade gives maybe $40 million in profit to a few companies vs. $100 million to educate the illegals children. what's wrong with this equation?
"As for education, Huntsman said he was inviting the Mexican secretary of education to visit Utah to see what kind of language exchange programs might be possible. He has suggested that could include tapping Mexican teachers to help immigrant students learn English as a second language."
Oh, that's how we can have cultural exchange and "save" taxes for Utahns - hire Mexican teachers (at US salaries??). They can probably come in "legally" with necessary language teaching credentials that the current 250,000 do not have. Or maybe we can hire ALL teachers from Mexico (at Mexican rates) and teach all Utah students Spanish, English, math and culture and save education costs.
Monday, July 11, 2005
Huntsman to Mexico
SL Trib
Utahns to guv: Tackle immigration on trip
"Jose, who didn't want his last name used because he's an undocumented resident, . . . Jose, who's in the process of getting U.S. residency papers . . . "
How does an illegal alien get residency papers????
"Huntsman plans to talk about immigration, but it is unclear with whom or in what meetings, a Huntsman spokeswoman said."
Will he talk about increasing or decreasing illegal immigration??
"Julio, another undocumented worker . . . Julio says it's going to be tough for the United States to keep undocumented immigrants from coming."
Huntsman aims to bring Utah, Mexico a bit closer
"He says his main priorities are to get a commitment from Mexican President Vicente Fox to visit Utah and to connect with two or three industries that might be compatible with state businesses. . . . He said he recognizes the Mexican community in Utah is growing rapidly, and it's only natural he makes ties in Mexico and learns more about it. . . . "As governor, you're the governor of all the people," he said. "I want to make sure we are aware of the questions on the minds of the Mexican community." "
Does a governor represent illegal aliens or legal citizens???
"Huntsman is taking a handful of people - Chris Roybal, senior adviser for economic development; Michael Lee, general counsel; a couple of security guards; and Joe Reyna, a Utah resident paying for his own trip. . . . Reyna, who volunteered on Huntsman's campaign, is a volunteer member of the 77-member Mexico Advisory Council, which is Fox's advisory group on international trade, business, immigration and politics. He said he helped organize Huntsman's Mexico trip . . . Reyna, a Zions Bank regional president."
Utahns to guv: Tackle immigration on trip
"Jose, who didn't want his last name used because he's an undocumented resident, . . . Jose, who's in the process of getting U.S. residency papers . . . "
How does an illegal alien get residency papers????
"Huntsman plans to talk about immigration, but it is unclear with whom or in what meetings, a Huntsman spokeswoman said."
Will he talk about increasing or decreasing illegal immigration??
"Julio, another undocumented worker . . . Julio says it's going to be tough for the United States to keep undocumented immigrants from coming."
Huntsman aims to bring Utah, Mexico a bit closer
"He says his main priorities are to get a commitment from Mexican President Vicente Fox to visit Utah and to connect with two or three industries that might be compatible with state businesses. . . . He said he recognizes the Mexican community in Utah is growing rapidly, and it's only natural he makes ties in Mexico and learns more about it. . . . "As governor, you're the governor of all the people," he said. "I want to make sure we are aware of the questions on the minds of the Mexican community." "
Does a governor represent illegal aliens or legal citizens???
"Huntsman is taking a handful of people - Chris Roybal, senior adviser for economic development; Michael Lee, general counsel; a couple of security guards; and Joe Reyna, a Utah resident paying for his own trip. . . . Reyna, who volunteered on Huntsman's campaign, is a volunteer member of the 77-member Mexico Advisory Council, which is Fox's advisory group on international trade, business, immigration and politics. He said he helped organize Huntsman's Mexico trip . . . Reyna, a Zions Bank regional president."
Sunday, July 10, 2005
Atty Gen opinion on Instate Tuition
This is the AG opinion on the subject (bold added):
October 9, 2002
Bernard Machen
President
University of Utah
201 South Presidents Circle, Room 203
Salt Lake City, Utah 84112
Re: Eligibility for In State Tuition
Dear President Machen:
This letter is in response to your inquiry concerning the validity and current applicability of Utah’s statute allowing students (except specifically defined nonimmigrant aliens under federal law) to pay only resident tuition at a Utah institute of higher education if they have attended a Utah high school for three or more years and received a high school diploma or its equivalent.
Based on the following analysis, I conclude that the Utah statute is valid and is currently enforceable.
The Utah statute in question, Utah Code Ann. § 53B-8-106, provides:
(1) If allowed under federal law, a student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, shall be exempt from paying the nonresident portion of total tuition if the student:
(a) attended high school in this state for three or more years;
(b) graduated from a high school in this state or received the equivalent of a high school diploma in this state; and
(c) registers as an entering student at an institution of higher education not earlier than the fall of the 2002-03 academic year.
(2) In addition to the requirements under Subsection (1), a student without lawful immigration status shall file an affidavit with the institution of higher education stating that the student has filed an application to legalize his immigration status, or will file an application as soon as he is eligible to do so.
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. 8 U.S.C. Section 1623 provides:
Notwithstanding any other provision of law, 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.
The Utah statutory criteria for being exempt from the nonresident portion of tuition, namely (a) attending a Utah high school for three or more years and (b) receiving a high school diploma or a equivalent, can be met by “a citizen or national of the United States” regardless of whether he or she is a resident of Utah. Utah’s Public Education Code provides that students who reside in one school district may, to the extent reasonably feasible, attend school in another school district (Utah Code Ann. § 53A-2-207). Likewise, a school district may permit a child residing outside of the state to attend school within the district on the payment of tuition at least equal to the per capita cost of the school program in which the child enrolls, though the tuition may be waived by the school board (Utah Code Ann. § 53A-2-205). In general, a child’s residence for purposes of obtaining a free public education in Utah is based on whether the child resides in the district, apparently without regard to citizenship or immigrant status (Utah Code Ann. § 53A-2-201). This is the case even if the child is not living with its parents but with a responsible adult designated by affidavit by the child’s parents as a legal guardian.
Therefore, there appear to be a number of options available to a child and its parents to allow the child to attend and graduate from a Utah high school regardless of citizenship, state of residence, or immigrant status. Based on this flexibility in Utah law relative to high school attendance and graduation, the federal prohibition against postsecondary education benefits for an illegal alien appear not to apply because the same opportunities are equally available to citizens or lawful residents of any other state. Utah law allowing Utah high school graduates to pay resident tuition does not appear to violate either the letter or spirit of the federal limitation and appears valid. Thus, this education benefit appears “allowed under federal law” and is valid and enforceable.
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.
Sincerely,
WILLIAM T. EVANS
Assistant Attorney General
Chief, Education Division
WTE/bk
************************************
Note: This appears to be a rather convoluted argument saying that: we have created a residency requirement specifically for "a student without lawful immigration status" to be eligible for instate tuition, all nonresident US citizens must meet that requirement, even though the federal law says "without regard to whether the (nonresident) citizen or national is such a resident," because we have residency requirements for High School. If, and when, a court case arises from a nonresident paying nonresident tuition, I hope, for the taxpayers of Utah that they are right.
The requirement to educate illegal alien children in K-12 was decreed under Plyler v Texas, 1985, and has no requirement basis in higher education.
***********************************
US Code Title 8, Section 1623.
Limitation on eligibility for preferential treatment of aliens not lawfully present on basis of residence for higher education benefits (a) In general
Notwithstanding any other provision of law, 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. http://assembler.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001623----000-.html
October 9, 2002
Bernard Machen
President
University of Utah
201 South Presidents Circle, Room 203
Salt Lake City, Utah 84112
Re: Eligibility for In State Tuition
Dear President Machen:
This letter is in response to your inquiry concerning the validity and current applicability of Utah’s statute allowing students (except specifically defined nonimmigrant aliens under federal law) to pay only resident tuition at a Utah institute of higher education if they have attended a Utah high school for three or more years and received a high school diploma or its equivalent.
Based on the following analysis, I conclude that the Utah statute is valid and is currently enforceable.
The Utah statute in question, Utah Code Ann. § 53B-8-106, provides:
(1) If allowed under federal law, a student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, shall be exempt from paying the nonresident portion of total tuition if the student:
(a) attended high school in this state for three or more years;
(b) graduated from a high school in this state or received the equivalent of a high school diploma in this state; and
(c) registers as an entering student at an institution of higher education not earlier than the fall of the 2002-03 academic year.
(2) In addition to the requirements under Subsection (1), a student without lawful immigration status shall file an affidavit with the institution of higher education stating that the student has filed an application to legalize his immigration status, or will file an application as soon as he is eligible to do so.
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. 8 U.S.C. Section 1623 provides:
Notwithstanding any other provision of law, 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.
The Utah statutory criteria for being exempt from the nonresident portion of tuition, namely (a) attending a Utah high school for three or more years and (b) receiving a high school diploma or a equivalent, can be met by “a citizen or national of the United States” regardless of whether he or she is a resident of Utah. Utah’s Public Education Code provides that students who reside in one school district may, to the extent reasonably feasible, attend school in another school district (Utah Code Ann. § 53A-2-207). Likewise, a school district may permit a child residing outside of the state to attend school within the district on the payment of tuition at least equal to the per capita cost of the school program in which the child enrolls, though the tuition may be waived by the school board (Utah Code Ann. § 53A-2-205). In general, a child’s residence for purposes of obtaining a free public education in Utah is based on whether the child resides in the district, apparently without regard to citizenship or immigrant status (Utah Code Ann. § 53A-2-201). This is the case even if the child is not living with its parents but with a responsible adult designated by affidavit by the child’s parents as a legal guardian.
Therefore, there appear to be a number of options available to a child and its parents to allow the child to attend and graduate from a Utah high school regardless of citizenship, state of residence, or immigrant status. Based on this flexibility in Utah law relative to high school attendance and graduation, the federal prohibition against postsecondary education benefits for an illegal alien appear not to apply because the same opportunities are equally available to citizens or lawful residents of any other state. Utah law allowing Utah high school graduates to pay resident tuition does not appear to violate either the letter or spirit of the federal limitation and appears valid. Thus, this education benefit appears “allowed under federal law” and is valid and enforceable.
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.
Sincerely,
WILLIAM T. EVANS
Assistant Attorney General
Chief, Education Division
WTE/bk
************************************
Note: This appears to be a rather convoluted argument saying that: we have created a residency requirement specifically for "a student without lawful immigration status" to be eligible for instate tuition, all nonresident US citizens must meet that requirement, even though the federal law says "without regard to whether the (nonresident) citizen or national is such a resident," because we have residency requirements for High School. If, and when, a court case arises from a nonresident paying nonresident tuition, I hope, for the taxpayers of Utah that they are right.
The requirement to educate illegal alien children in K-12 was decreed under Plyler v Texas, 1985, and has no requirement basis in higher education.
***********************************
US Code Title 8, Section 1623.
Limitation on eligibility for preferential treatment of aliens not lawfully present on basis of residence for higher education benefits (a) In general
Notwithstanding any other provision of law, 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. http://assembler.law.cornell.edu/uscode/html/uscode08/usc_sec_08_00001623----000-.html
Thursday, July 07, 2005
Immigrant Births
BIRTHS TO IMMIGRANTS AT ALL-TIME HIGH Nearly 1/4 of New Mothers Are Foreign-Born, 1 in 10 an Illegal Alien WASHINGTON (July 7, 2005) -- A new analysis of birth records by the Center for Immigration Studies shows that in 2002 almost one in four births in the United States was to an immigrant mother (legal or illegal), the highest level in American history. In addition, nearly ten percent of all births in the country were to illegal-alien mothers.
This is important for at least two reasons: first, it is currently U.S. government policy to award American citizenship to all persons born on U.S. soil, even the children of tourists and illegal aliens. In addition, the number and share of children born to immigrants is now so large that it may overwhelm the assimilation process. The new report, “Births to Immigrants in America, 1970-2002,” by the Center’s Director of Research, Steven A. Camarota, is on line at http://www.cis.org/articles/2005/back805.html.
Among the findings:
* In 2002, 23 percent of all births in the United States were to immigrant mothers (legal or illegal), compared to 15 percent in 1990, 9 percent in 1980 and 6 percent in 1970.
* Even at the peak of the last great wave of immigration in 1910, the share of births to immigrant mothers did not reach the level of today. And after 1910 immigration was reduced, whereas current immigration continues at record levels, thus births to immigrants will continue to increase.
* Our best estimate is that 383,000, or 42 percent, of births to immigrants are to illegal alien mothers. Thus births to illegals now account for nearly 1 out of every 10 births in the United States.
* The large number of births to illegals shows that the longer illegal immigration is allowed to persist the harder it is to solve, because these U.S. citizen children can stay permanently, their citizenship can prevent a parent’s deportation, and once adults, they can sponsor their parents for permanent residence.
* The issue of births to illegals also shows that a “temporary” worker program would inevitably result in the permanent addition of hundreds of thousands of people to the U.S. population each year, exactly what such a program is supposed to avoid.
* The dramatic growth in births to immigrants has been accompanied by a significant decline in diversity. The top country for immigrant births C Mexico C increased from 24 percent of births to immigrants in 1970 to 45 percent in 2002. “Research shows that one of the biggest challenges immigrant-receiving countries face is the assimilation of the children of immigrants, who will have much higher expectations than their parents,” said Camarota. “With immigrants accounting for such a large, and growing, share of births, America is headed into uncharted territory. We simply don’t know how these children will assimilate -- but it is clear that the stakes for America are enormous.”
Among the new report’s other findings:
* In 2002, births to Hispanic immigrants accounted for 59 percent of all births to immigrant mothers. No single cultural/linguistic group has ever accounted for such a large share of births to immigrants. * Immigrant mothers are much less educated than native mothers. In 2002, 39 percent lacked a high school degree, compared to 17 percent of native-born mothers. And immigrants now account for 41 percent of all births to mothers without a high school degree.
* The states with the most dramatic increase in births to immigrants in the last decade are Georgia, North Carolina, Nevada, Nebraska, Arkansas, Arizona, Tennessee, Minnesota, Colorado, Delaware, Virginia, and Maryland.
* Immigrants account for such a large percentage of births because they have somewhat higher fertility and are more likely to be in their reproductive years than natives. Nevertheless, the differences with natives are not large enough to significantly affect the nation’s overall age structure.
* Immigrants who have arrived over the past two decades, plus all of their U.S.-born children, have only reduced the average age in the United States from 37 to 36 years.
* Looking at the working-age (15 to 64) share of the population also shows little effect from immigration. With or without post-1980 immigrants and all their U.S.-born children, 66 percent of the population is of working age.
* While immigration has little effect on the nation’s age structure, each year new immigration (legal and illegal), plus births to immigrants, adds at some 2.4 million people to America’s population, making for a much larger population and a more densely settled country. For further information about “Births to Immigrants in America 1970-2002,” contact the author, Steven Camarota, at (202) 466-8185 or sac@cis.org. # # # The Center for Immigration Studies is an independent research institute which examines the impact of immigration on the United States.
This is important for at least two reasons: first, it is currently U.S. government policy to award American citizenship to all persons born on U.S. soil, even the children of tourists and illegal aliens. In addition, the number and share of children born to immigrants is now so large that it may overwhelm the assimilation process. The new report, “Births to Immigrants in America, 1970-2002,” by the Center’s Director of Research, Steven A. Camarota, is on line at http://www.cis.org/articles/2005/back805.html.
Among the findings:
* In 2002, 23 percent of all births in the United States were to immigrant mothers (legal or illegal), compared to 15 percent in 1990, 9 percent in 1980 and 6 percent in 1970.
* Even at the peak of the last great wave of immigration in 1910, the share of births to immigrant mothers did not reach the level of today. And after 1910 immigration was reduced, whereas current immigration continues at record levels, thus births to immigrants will continue to increase.
* Our best estimate is that 383,000, or 42 percent, of births to immigrants are to illegal alien mothers. Thus births to illegals now account for nearly 1 out of every 10 births in the United States.
* The large number of births to illegals shows that the longer illegal immigration is allowed to persist the harder it is to solve, because these U.S. citizen children can stay permanently, their citizenship can prevent a parent’s deportation, and once adults, they can sponsor their parents for permanent residence.
* The issue of births to illegals also shows that a “temporary” worker program would inevitably result in the permanent addition of hundreds of thousands of people to the U.S. population each year, exactly what such a program is supposed to avoid.
* The dramatic growth in births to immigrants has been accompanied by a significant decline in diversity. The top country for immigrant births C Mexico C increased from 24 percent of births to immigrants in 1970 to 45 percent in 2002. “Research shows that one of the biggest challenges immigrant-receiving countries face is the assimilation of the children of immigrants, who will have much higher expectations than their parents,” said Camarota. “With immigrants accounting for such a large, and growing, share of births, America is headed into uncharted territory. We simply don’t know how these children will assimilate -- but it is clear that the stakes for America are enormous.”
Among the new report’s other findings:
* In 2002, births to Hispanic immigrants accounted for 59 percent of all births to immigrant mothers. No single cultural/linguistic group has ever accounted for such a large share of births to immigrants. * Immigrant mothers are much less educated than native mothers. In 2002, 39 percent lacked a high school degree, compared to 17 percent of native-born mothers. And immigrants now account for 41 percent of all births to mothers without a high school degree.
* The states with the most dramatic increase in births to immigrants in the last decade are Georgia, North Carolina, Nevada, Nebraska, Arkansas, Arizona, Tennessee, Minnesota, Colorado, Delaware, Virginia, and Maryland.
* Immigrants account for such a large percentage of births because they have somewhat higher fertility and are more likely to be in their reproductive years than natives. Nevertheless, the differences with natives are not large enough to significantly affect the nation’s overall age structure.
* Immigrants who have arrived over the past two decades, plus all of their U.S.-born children, have only reduced the average age in the United States from 37 to 36 years.
* Looking at the working-age (15 to 64) share of the population also shows little effect from immigration. With or without post-1980 immigrants and all their U.S.-born children, 66 percent of the population is of working age.
* While immigration has little effect on the nation’s age structure, each year new immigration (legal and illegal), plus births to immigrants, adds at some 2.4 million people to America’s population, making for a much larger population and a more densely settled country. For further information about “Births to Immigrants in America 1970-2002,” contact the author, Steven Camarota, at (202) 466-8185 or sac@cis.org. # # # The Center for Immigration Studies is an independent research institute which examines the impact of immigration on the United States.
Kansas Instate tuition Ruling
http://deseretnews.com/dn/view/0,1249,600146785,00.html
Plaintiffs' co-counsel Kris Kobach on Wednesday called the ruling "unduly narrow." Kobach said he plans to appeal the dismissal to the 10th Circuit Court of Appeals, which also oversees Utah. If the ruling is overturned, the case will go back to the Kansas District for arguments on the merits. The Kansas law is similar to one in Utah that grants in-state tuition to illegal immigrants who attend a Utah high school for three years and graduate here, or obtain the equivalent of a diploma. They must also be seeking legal immigration status or plan to do so when they are eligible. . . .
However, Rep. Glenn Donnelson, R-North Ogden, said the ruling hasn't changed his decision to sponsor the repeal of the tuition law, which he says is "still against the law. "I'm sure that people will say we don't have a problem here, but we still have a problem here," Donnelson said. U. of U. sophomore Kelly Wolfe, who is among those considering a suit, says it's a matter of principle. "We are being affected," Wolfe said. "They should not be allowing illegal aliens to have something the federal government says they can't have unless citizens have it.". . .
Utah Latino rights activist Tony Yapias said the Kansas ruling "gives us more fuel to the fire" in efforts to persuade lawmakers to keep the law intact. "I think the biggest thing right now is that a judge has said there isn't a case," Yapias said. "I'm just concerned our legislators could have waited a little bit longer, rather than take an anti-immigrant group and attorney at face value."
Plaintiffs' co-counsel Kris Kobach on Wednesday called the ruling "unduly narrow." Kobach said he plans to appeal the dismissal to the 10th Circuit Court of Appeals, which also oversees Utah. If the ruling is overturned, the case will go back to the Kansas District for arguments on the merits. The Kansas law is similar to one in Utah that grants in-state tuition to illegal immigrants who attend a Utah high school for three years and graduate here, or obtain the equivalent of a diploma. They must also be seeking legal immigration status or plan to do so when they are eligible. . . .
However, Rep. Glenn Donnelson, R-North Ogden, said the ruling hasn't changed his decision to sponsor the repeal of the tuition law, which he says is "still against the law. "I'm sure that people will say we don't have a problem here, but we still have a problem here," Donnelson said. U. of U. sophomore Kelly Wolfe, who is among those considering a suit, says it's a matter of principle. "We are being affected," Wolfe said. "They should not be allowing illegal aliens to have something the federal government says they can't have unless citizens have it.". . .
Utah Latino rights activist Tony Yapias said the Kansas ruling "gives us more fuel to the fire" in efforts to persuade lawmakers to keep the law intact. "I think the biggest thing right now is that a judge has said there isn't a case," Yapias said. "I'm just concerned our legislators could have waited a little bit longer, rather than take an anti-immigrant group and attorney at face value."
Monday, July 04, 2005
John Florez: Huntsman must confront Fox on illegal immigration
http://deseretnews.com/dn/view/0,1249,600146022,00.html
John Florez: Huntsman must confront Fox on illegal immigration
Gov. Jon Huntsman Jr.'s visit to Mexico this month will test his leadership and ability to live up to the principles he espoused at his inauguration. Is he willing to use his political capital for the good of the state and put immigration on the table? Or will the governor, by default, consent to have Utah taxpayers pay for the benefits the business community is reaping from illegal immigration?
. . .
Maybe the governor could propose to President Fox that for every matricula card issued, the Mexican government would put $5,000 (or some other amount) in the state's education fund. Maybe he could propose to tax any financial institution accepting matricula cards in transferring money. The governor might recommend that any employer who does not have workers' compensation insurance pay for the cost of the injured worker's medical care. And, perhaps he could challenge Utah businesses to help Mexico create jobs there that would curb the need for Mexicans to leave their country.
John Florez: Huntsman must confront Fox on illegal immigration
Gov. Jon Huntsman Jr.'s visit to Mexico this month will test his leadership and ability to live up to the principles he espoused at his inauguration. Is he willing to use his political capital for the good of the state and put immigration on the table? Or will the governor, by default, consent to have Utah taxpayers pay for the benefits the business community is reaping from illegal immigration?
. . .
Maybe the governor could propose to President Fox that for every matricula card issued, the Mexican government would put $5,000 (or some other amount) in the state's education fund. Maybe he could propose to tax any financial institution accepting matricula cards in transferring money. The governor might recommend that any employer who does not have workers' compensation insurance pay for the cost of the injured worker's medical care. And, perhaps he could challenge Utah businesses to help Mexico create jobs there that would curb the need for Mexicans to leave their country.
Thursday, June 30, 2005
LEGAL immigrants in 2004 946,142
If anyone wants to know how many LEGAL immigrants in 2004 see http://uscis.gov/graphics/shared/statistics/publications/FlowRptTempAdmis2004.pdf.
For any real "number nuts" see U.S. Legal Permanent Residents: 2004
http://uscis.gov/graphics/shared/statistics/publications/FlowReportLegalPermResidents2004.pdf Legal immigration increased 34 percent from 705,827 in 2003 to 946,142 in 2004 . . .
In 2004, nearly one-fifth (19 percent) of all persons becoming LPRs were born in Mexico.
The second leading country of birth was India (7.4 percent), followed by the Philippines (6.1 percent), China (5.4 percent), the Dominican Republic (3.2 percent), El Salvador (3.1 percent), Cuba (2.2 percent), Korea (2.1 percent), and Colombia (2.0 percent).
These 10 countries represented 53 percent of all new LPRs in 2004.
Sunday, June 26, 2005
AgJobs
Cannon MALDEF Award With Rep. Cannon saying that in Utah the distinction isn't often made between legal and illegal immigration.
am·nes·ty (`am-nÉ™s-tÄ“) n.pl -ties An act of clemency by an authority (as a government) by which pardon is granted esp. to a group of individuals (illegal-alien farm workers seeking amnesty - National Law Journal)
When is an amnesty not an amnesty? When it is proposed by a Republican.
EXCERPTS FROM HR 3142 AGJobs (102 pages), (I think there supposed to be a "penalty" in it somewhere; but I didn't find it -except on employers for improper paperwork):
"Except as otherwise provided in this subsection, an alien who acquires the status of an alien lawfully admitted for temporary residence under subsection (a), such status not having changed, shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act" (pg 6, Lines 13 -19)
$160 Million total to create and run the amnesty bureaucracy.
"There are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $40,000,000 for each of fiscal years 2004 through 2007 to the Secretary to carry out this section." (Pg 31, line 10-13)
Children of the illegals also given permanent status - even if not in the US???
"Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted temporary resident status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident." (Pg 15)
They don't even have to be in the US:
"The Secretary, in cooperation with the Secretary of State, shall establish a procedure whereby an alien may apply for temporary resident status under subsection (a) at an appropriate consular office outside the United States."
Unrestricted number eligible(?):
"The numerical limitations of sections 201 and 202 of the Immigration and Nationality Act (8 U.S.C.1151 and 1152) shall not apply to the adjustment of aliens to lawful permanent resident status under this section."
am·nes·ty (`am-nÉ™s-tÄ“) n.pl -ties An act of clemency by an authority (as a government) by which pardon is granted esp. to a group of individuals (illegal-alien farm workers seeking amnesty - National Law Journal)
When is an amnesty not an amnesty? When it is proposed by a Republican.
EXCERPTS FROM HR 3142 AGJobs (102 pages), (I think there supposed to be a "penalty" in it somewhere; but I didn't find it -except on employers for improper paperwork):
"Except as otherwise provided in this subsection, an alien who acquires the status of an alien lawfully admitted for temporary residence under subsection (a), such status not having changed, shall be considered to be an alien lawfully admitted for permanent residence for purposes of any law other than any provision of the Immigration and Nationality Act" (pg 6, Lines 13 -19)
$160 Million total to create and run the amnesty bureaucracy.
"There are hereby appropriated, out of any money in the Treasury not otherwise appropriated, $40,000,000 for each of fiscal years 2004 through 2007 to the Secretary to carry out this section." (Pg 31, line 10-13)
Children of the illegals also given permanent status - even if not in the US???
"Notwithstanding any other provision of law, the Secretary shall confer the status of lawful permanent resident on the spouse and minor child of an alien granted status under paragraph (1), including any individual who was a minor child on the date such alien was granted temporary resident status, if the spouse or minor child applies for such status, or if the principal alien includes the spouse or minor child in an application for adjustment of status to that of a lawful permanent resident." (Pg 15)
They don't even have to be in the US:
"The Secretary, in cooperation with the Secretary of State, shall establish a procedure whereby an alien may apply for temporary resident status under subsection (a) at an appropriate consular office outside the United States."
Unrestricted number eligible(?):
"The numerical limitations of sections 201 and 202 of the Immigration and Nationality Act (8 U.S.C.1151 and 1152) shall not apply to the adjustment of aliens to lawful permanent resident status under this section."
Wednesday, June 15, 2005
Instate tuition Hearing
Undocumented students may lose in-state breakThe joint Education Interim Committee voted Wednesday to support repealing a law that allows some undocumented students to pay in-state tuition at Utah colleges and universities.
Waiver for illegals on shaky ground http://www.sltrib.com/utah/ci_2805178
By Shinika A. Sykes The Salt Lake Tribune
Children of illegal residents may no longer be eligible for reduced in-state college tuition at Utah public colleges and universities if a 3-year-old state law is reversed. That reversal gained momentum Wednesday when the Legislature's Education Interim Committee voted along party lines, 10-3, to send House Bill 239 directly to the House floor during the 2006 session. HB239 was ready for passage during the 2005 Legislature, but was delayed when questions arose over whether federal law prohibits Utah from providing higher-education opportunities to illegal residents. In addition, lawmakers were concerned that the current law harms U.S. citizens from out of state who are forced to pay higher tuition. "If it stays on the books, it's an amnesty bill," said Rep. LaVar Christensen.
Waiver for illegals on shaky ground http://www.sltrib.com/utah/ci_2805178
By Shinika A. Sykes The Salt Lake Tribune
Children of illegal residents may no longer be eligible for reduced in-state college tuition at Utah public colleges and universities if a 3-year-old state law is reversed. That reversal gained momentum Wednesday when the Legislature's Education Interim Committee voted along party lines, 10-3, to send House Bill 239 directly to the House floor during the 2006 session. HB239 was ready for passage during the 2005 Legislature, but was delayed when questions arose over whether federal law prohibits Utah from providing higher-education opportunities to illegal residents. In addition, lawmakers were concerned that the current law harms U.S. citizens from out of state who are forced to pay higher tuition. "If it stays on the books, it's an amnesty bill," said Rep. LaVar Christensen.
Urquhart on InState Tuition for illegals
http://www.steveu.com/2005/06/education-immigration-and#comments
Wednesday, June 15, 2005
Education, Immigration, and Constitutional Law 101
In establishing the Constitution, the people, through their states, gave certain powers to the federal government. These are called delegated or enumerated powers. Governmental powers not given to the federal government (all others) are called reserved powers. The rules are simple: the federal government acts in areas of its enumerated powers, and the states act in areas involving reserved powers.
Today, in the education committee we addressed 2 important issues. I wish that our committee broadcasting system already were in place. Today's hearing would have been very interesting to all Utahns and would have provided a great constitutional lesson. We addressed K-12 educational testing requirements, and we addressed college tuition for illegal aliens. Both issues potentially pack dramatic, life-altering implications.
However, because of the constitutional structure of our Nation, the two issues must be addressed in different fashions.Dr. Patti Harrington discussed the layers of testing we require of our K-12 students. She pointed out that the testing regime is an important part of the State's comprehensive assessment and accountability system (which we desire to implement, instead of the federal system dictated by No Child Left Behind). Can Utah do better? Absolutely. The push-and-pull with the federal government has prompted us to look more closely at what we're doing. We’re working to make improvements – as we should. Authority to govern education matters is a reserved power; it is a “state’s rights” issue.
We also discussed Utah’s existing law allowing illegal aliens to pay in-state tuition at our colleges and universities. The Committee took the action to advance a bill that would repeal the statute. Because this involves a very passionate issue, some might instinctively say “good,” and others might instinctively say “bad.” Whatever one’s underlying feelings are, the decision was driven by the constitutional structure of our nation. Immigration, unlike education, is an issue that has been delegated to the federal government.The federal government has declared, as it can, that states shall not offer in-state tuition to illegal aliens.
The House conference report states, “This section provides that illegal aliens are not eligible for in-state tuition rates at public institutions of higher education.” Likewise, Senate sponsor Alan Simpson stated, “Illegal aliens will no longer be eligible for reduced in-State college tuition.” Our Utah statute is at odds with federal law and, therefore, must yield.A lot of the arguments against repeal were very emotional. But, as I stated in committee, “This is not an emotional issue; this is a Constitutional issue.” Also, it is a very serious dollars and cents issue.
Because the federal law establishes that Utah can't give illegal aliens a tuition break that it doesn't give all Americans, there is a great threat that all out-of-state students who have paid more than the in-state tuition paid by illegal aliens for Utah colleges and universities could file a class action suit to get back that additional money -- $100,000,000 since the statute went into effect and growing at about $30,000,000 every year it stays in place in the future. Clear law and a serious threat of liability dictated the outcome.One member of the committee stated after the votes that she thought the committee was inconsistent in demanding state's rights on one issue and deference to the federal government on the other. Rep. Christensen correctly pointed out that it is the Constitution that demands state's rights on the education issue and deference on the immigration issue. Our founders imposed an order; though I think the federal government has lost all concept of that fact, governments must act accordingly.
Wednesday, June 15, 2005
Education, Immigration, and Constitutional Law 101
In establishing the Constitution, the people, through their states, gave certain powers to the federal government. These are called delegated or enumerated powers. Governmental powers not given to the federal government (all others) are called reserved powers. The rules are simple: the federal government acts in areas of its enumerated powers, and the states act in areas involving reserved powers.
Today, in the education committee we addressed 2 important issues. I wish that our committee broadcasting system already were in place. Today's hearing would have been very interesting to all Utahns and would have provided a great constitutional lesson. We addressed K-12 educational testing requirements, and we addressed college tuition for illegal aliens. Both issues potentially pack dramatic, life-altering implications.
However, because of the constitutional structure of our Nation, the two issues must be addressed in different fashions.Dr. Patti Harrington discussed the layers of testing we require of our K-12 students. She pointed out that the testing regime is an important part of the State's comprehensive assessment and accountability system (which we desire to implement, instead of the federal system dictated by No Child Left Behind). Can Utah do better? Absolutely. The push-and-pull with the federal government has prompted us to look more closely at what we're doing. We’re working to make improvements – as we should. Authority to govern education matters is a reserved power; it is a “state’s rights” issue.
We also discussed Utah’s existing law allowing illegal aliens to pay in-state tuition at our colleges and universities. The Committee took the action to advance a bill that would repeal the statute. Because this involves a very passionate issue, some might instinctively say “good,” and others might instinctively say “bad.” Whatever one’s underlying feelings are, the decision was driven by the constitutional structure of our nation. Immigration, unlike education, is an issue that has been delegated to the federal government.The federal government has declared, as it can, that states shall not offer in-state tuition to illegal aliens.
The House conference report states, “This section provides that illegal aliens are not eligible for in-state tuition rates at public institutions of higher education.” Likewise, Senate sponsor Alan Simpson stated, “Illegal aliens will no longer be eligible for reduced in-State college tuition.” Our Utah statute is at odds with federal law and, therefore, must yield.A lot of the arguments against repeal were very emotional. But, as I stated in committee, “This is not an emotional issue; this is a Constitutional issue.” Also, it is a very serious dollars and cents issue.
Because the federal law establishes that Utah can't give illegal aliens a tuition break that it doesn't give all Americans, there is a great threat that all out-of-state students who have paid more than the in-state tuition paid by illegal aliens for Utah colleges and universities could file a class action suit to get back that additional money -- $100,000,000 since the statute went into effect and growing at about $30,000,000 every year it stays in place in the future. Clear law and a serious threat of liability dictated the outcome.One member of the committee stated after the votes that she thought the committee was inconsistent in demanding state's rights on one issue and deference to the federal government on the other. Rep. Christensen correctly pointed out that it is the Constitution that demands state's rights on the education issue and deference on the immigration issue. Our founders imposed an order; though I think the federal government has lost all concept of that fact, governments must act accordingly.
Tuesday, June 14, 2005
Utah Illegal alien tuition law
The current law reads as follows:
53B-8-106. Resident tuition -- Requirements -- Rules.
(1) If allowed under federal law, a student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, shall be exempt from paying the nonresident portion of total tuition if the student:
(a) attended high school in this state for three or more years;
(b) graduated from a high school in this state or received the equivalent of a high school diploma in this state; and
(c) registers as an entering student at an institution of higher education not earlier than the fall of the 2002-03 academic year.
(2) In addition to the requirements under Subsection (1), a student without lawful immigration status shall file an affidavit with the institution of higher education stating that the student has filed an application to legalize his immigration status, or will file an application as soon as he is eligible to do so.
(3) The State Board of Regents shall make rules for the implementation of this section.
(4) Nothing in this section limits the ability of institutions of higher education to assess nonresident tuition on students who do not meet the requirements under this section. Enacted by Chapter 230, 2002 General Session
**************************************************
Notice the exclusion of the bolded item above in the current School Board implementation rule:
R513-13. Exemption from Paying Nonresident Portion of Tuition for Certain Students - Pursuant to §53B-8-106
13.1. Exemption for Certain Students with Utah High School Graduation - A student, other than a non-immigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, shall be exempt from paying the nonrsident portion of total tuition if the student:
13.1.1. attended high school in Utah for three or more years;
13.1.2. graduated from a high school in this state or received the equivalent of a high school diploma in Utah; and
13.1.3. registers as an entering student at a System institution not earlier than the fall of the 2002-03 academic year.
13.1.4 Affidavit - In addition to the requirements of 13.1, a student without lawful immigration status shall file an affidavit with the System institution stating that the student has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so. http://www.utahsbr.edu/policy/r513.htm
53B-8-106. Resident tuition -- Requirements -- Rules.
(1) If allowed under federal law, a student, other than a nonimmigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, shall be exempt from paying the nonresident portion of total tuition if the student:
(a) attended high school in this state for three or more years;
(b) graduated from a high school in this state or received the equivalent of a high school diploma in this state; and
(c) registers as an entering student at an institution of higher education not earlier than the fall of the 2002-03 academic year.
(2) In addition to the requirements under Subsection (1), a student without lawful immigration status shall file an affidavit with the institution of higher education stating that the student has filed an application to legalize his immigration status, or will file an application as soon as he is eligible to do so.
(3) The State Board of Regents shall make rules for the implementation of this section.
(4) Nothing in this section limits the ability of institutions of higher education to assess nonresident tuition on students who do not meet the requirements under this section. Enacted by Chapter 230, 2002 General Session
**************************************************
Notice the exclusion of the bolded item above in the current School Board implementation rule:
R513-13. Exemption from Paying Nonresident Portion of Tuition for Certain Students - Pursuant to §53B-8-106
13.1. Exemption for Certain Students with Utah High School Graduation - A student, other than a non-immigrant alien within the meaning of paragraph (15) of subsection (a) of Section 1101 of Title 8 of the United States Code, shall be exempt from paying the nonrsident portion of total tuition if the student:
13.1.1. attended high school in Utah for three or more years;
13.1.2. graduated from a high school in this state or received the equivalent of a high school diploma in Utah; and
13.1.3. registers as an entering student at a System institution not earlier than the fall of the 2002-03 academic year.
13.1.4 Affidavit - In addition to the requirements of 13.1, a student without lawful immigration status shall file an affidavit with the System institution stating that the student has filed an application to legalize his or her immigration status, or will file an application as soon as he or she is eligible to do so. http://www.utahsbr.edu/policy/r513.htm
Illegal Alien Education Costs
At least one person understood.
Mexico should pay for its own http://deseretnews.com/dn/view/0,1249,600141933,00.html
I couldn't agree more with Robert Wren's call (Readers' Forum, June 14) for the state of Utah to do an in-depth analysis of the cost of illegal aliens to the taxpayers of this state. Until a few years ago, like many Utahns, I was unaware of the extent of the problems of illegal immigration. However, after having recently returned from living in Mexico for several years and from my extensive study of this issue, I would like to point out something which few people seem to be aware of: Mexico is a very wealthy country with abundant natural resources.
Yes, there is much poverty, but it stems from the refusal of the ultra-wealthy class to pay taxes or to invest in economic development. They would rather see United States citizens tax themselves to pay for Mexico's most pressing problems. I protest my tax dollars being spent to pay for those things for which wealthy Mexicans could — and should — pay to help the citizens of their own country.
Laura MortensenSandy
Mexico should pay for its own http://deseretnews.com/dn/view/0,1249,600141933,00.html
I couldn't agree more with Robert Wren's call (Readers' Forum, June 14) for the state of Utah to do an in-depth analysis of the cost of illegal aliens to the taxpayers of this state. Until a few years ago, like many Utahns, I was unaware of the extent of the problems of illegal immigration. However, after having recently returned from living in Mexico for several years and from my extensive study of this issue, I would like to point out something which few people seem to be aware of: Mexico is a very wealthy country with abundant natural resources.
Yes, there is much poverty, but it stems from the refusal of the ultra-wealthy class to pay taxes or to invest in economic development. They would rather see United States citizens tax themselves to pay for Mexico's most pressing problems. I protest my tax dollars being spent to pay for those things for which wealthy Mexicans could — and should — pay to help the citizens of their own country.
Laura MortensenSandy
Utah needs an AUDIT
In June of 2004, the Government Accounting Office attempted a study http://www.gao.gov/new.items/d04733.pdf to estimate State-by-State Costs of educating Illegal Alien Schoolchildren. They were unable to do so because the States queried could (or would) not provide a number of illegal alien students. Utah was one of the states unable, or unwilling, to provide such information.
With a conservative estimate of 20,000 illegal alien students attending public schools in Utah at a cost of at least $4,000 to 6,000 to per student, the cost to Utah taxpayers is undoubtedly over $100,000,000 per year.
It is time for the State of Utah to do an in depth analysis of the cost of illegal aliens to the taxpayers of Utah, including Education Costs, Medical Costs, Resident College Tuition Rates; Incarceration and Police Costs; Lowering of the General Wage Rate; Income Loss to Displaced Workers; Welfare Benefits and any, and all, other costs associated with this illegality.
A legislative audit discovered 95,000 illegal aliens had been issued Driver's Licenses and many voting in recent elections, resulting in the Driver "Privilege" Card. Hopefully a Cost study might result in similar restrictions on taxpayer funded benefits to illegal residents.
http://www.thespectrum.com/apps/pbcs.dll/article?AID=/20050621/OPINION03/506210327/1014/OPINION
http://www.heraldextra.com/modules.php?op=modload&name=News&file=weekindex&catid=&topic=14
http://www.sltrib.com/opinion/ci_2810915
http://deseretnews.com/dn/view/0,1249,600141210,00.html
responses: http://deseretnews.com/dn/view/0,1249,600141933,00.html
3 Comments on article
With a conservative estimate of 20,000 illegal alien students attending public schools in Utah at a cost of at least $4,000 to 6,000 to per student, the cost to Utah taxpayers is undoubtedly over $100,000,000 per year.
It is time for the State of Utah to do an in depth analysis of the cost of illegal aliens to the taxpayers of Utah, including Education Costs, Medical Costs, Resident College Tuition Rates; Incarceration and Police Costs; Lowering of the General Wage Rate; Income Loss to Displaced Workers; Welfare Benefits and any, and all, other costs associated with this illegality.
A legislative audit discovered 95,000 illegal aliens had been issued Driver's Licenses and many voting in recent elections, resulting in the Driver "Privilege" Card. Hopefully a Cost study might result in similar restrictions on taxpayer funded benefits to illegal residents.
http://www.thespectrum.com/apps/pbcs.dll/article?AID=/20050621/OPINION03/506210327/1014/OPINION
http://www.heraldextra.com/modules.php?op=modload&name=News&file=weekindex&catid=&topic=14
http://www.sltrib.com/opinion/ci_2810915
http://deseretnews.com/dn/view/0,1249,600141210,00.html
responses: http://deseretnews.com/dn/view/0,1249,600141933,00.html
3 Comments on article
Saturday, June 04, 2005
Debate on Instate Tuition bill
The audio debate on HB 144 can be found at: http://www.le.state.ut.us/asp/audio/index.asp?Sess=2002GS&Day=0&Bill=HB0144&House=H
Rough paraphrase audio lasts 46 minutes
Ure's bold comment about 10 mnutes 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
Rep Parker opposed - employers should pay for education
Dayton amendment: allow instate tuition for all US resident to comply with Federal law.
Ure: in response to proposed amendment: paraphrase: "Bill will not go into effect until US Congress allows it. That provision is in the bill.
Throckmorton: consider one legal, one illegal immigrant - illegal gets benefit, legal does not.
??? We are confusing illegal with undocumented, don't punish children. This is for the children of illegals who have gone through the school system (at taxpayer expense)
Urquhart: Fiscal note on existing bill. Ure says 10-20 per year UU resident vs. non resident $5931 difference $1,920,000 total over four years. many Utahns can't afford - shall we subsidize utahns or illegals? Offered exemption 25% of non resident difference.
Ure: So what if it is a million $, what's baby your baby, food stamps costing If he graduates he can make more money and help community.
These people are here no stay, better education, better job.
Ferrin: How many current students will this effect? Non necessarily a cost - may just be an incremental increase by more students. Marginal costs
Newbold: empathy How can they become citizens? Why provide to people who can not become Legal Permanent Residents. The students MAY be able to get that status, need requirement for step towards legalization. Amend "shall become a LPR" (action to have been completed)
Ure: OPPOSED If they could have done it they already would have done it In the next couple of months, Congress will be changing the situation in a few months. Quick LPR is someone's dream - It takes much longer (Hatch's Act is a Dream - or a Nightmare, here we are three years later and nothing has happened - but Utah is allowing illegals instate tuition.)
Motion to circle: Ure opposed Knowledge from INS is not there. Waiting for weeks vote the bill, stop wasting time. FAILED
??? If student applies for legal status he might be deported, because they admit their illegal status.
Newbold Amendment defeated.
Urquhart: Significant financial cost to Utah 25% amendment failed
Ure: College grad pays more taxes will pay back his $20,000 Illegals come to help their children,, have the drive to make US better
Bill Passed
Rough paraphrase audio lasts 46 minutes
Ure's bold comment about 10 mnutes 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
Rep Parker opposed - employers should pay for education
Dayton amendment: allow instate tuition for all US resident to comply with Federal law.
Ure: in response to proposed amendment: paraphrase: "Bill will not go into effect until US Congress allows it. That provision is in the bill.
Throckmorton: consider one legal, one illegal immigrant - illegal gets benefit, legal does not.
??? We are confusing illegal with undocumented, don't punish children. This is for the children of illegals who have gone through the school system (at taxpayer expense)
Urquhart: Fiscal note on existing bill. Ure says 10-20 per year UU resident vs. non resident $5931 difference $1,920,000 total over four years. many Utahns can't afford - shall we subsidize utahns or illegals? Offered exemption 25% of non resident difference.
Ure: So what if it is a million $, what's baby your baby, food stamps costing If he graduates he can make more money and help community.
These people are here no stay, better education, better job.
Ferrin: How many current students will this effect? Non necessarily a cost - may just be an incremental increase by more students. Marginal costs
Newbold: empathy How can they become citizens? Why provide to people who can not become Legal Permanent Residents. The students MAY be able to get that status, need requirement for step towards legalization. Amend "shall become a LPR" (action to have been completed)
Ure: OPPOSED If they could have done it they already would have done it In the next couple of months, Congress will be changing the situation in a few months. Quick LPR is someone's dream - It takes much longer (Hatch's Act is a Dream - or a Nightmare, here we are three years later and nothing has happened - but Utah is allowing illegals instate tuition.)
Motion to circle: Ure opposed Knowledge from INS is not there. Waiting for weeks vote the bill, stop wasting time. FAILED
??? If student applies for legal status he might be deported, because they admit their illegal status.
Newbold Amendment defeated.
Urquhart: Significant financial cost to Utah 25% amendment failed
Ure: College grad pays more taxes will pay back his $20,000 Illegals come to help their children,, have the drive to make US better
Bill Passed
Wednesday, June 01, 2005
Noncitizen Eligibility for Public Benefits
The CRO uses another euphemsim "unauthorized aliens"
Another fascinating report from the Congressional Research Office (LPR = Legal Permanent Resident):
Issue Brief for Congress
Noncitizen Eligibility for Public Benefits
Prior to 1996, LPRs were eligible for federal public assistance under terms comparable to citizens, and states were not permitted to restrict access to federal programs on the basis of immigration status. The 1996 welfare reform law (P.L. 104-193) instituted a 5-year bar for most newly entering LPRs and generally allowed the states to bar noncitizens from Medicaid and Temporary Assistance for Needy Families (TANF), with exceptions for LPRs with 10 years of work history and for certain humanitarian cases, such as refugees and asylees. As the result of perceived abuses and budgetary concerns, it also barred most legal aliens (again excepting LPRs with 10 years of work history and certain humanitarian cases) from Supplemental Security Income (SSI) and food stamps.
As the 107th Congress considers legislation to reauthorize federal public benefit programs, the crux of the noncitizen eligibility issue is what classes of LPRs should be eligible for assistance and what types of assistance should be available to them. Several significant legislative proposals expanding noncitizen eligibility for TANF, SSI, and Medicaid/State Children’s Health Insurance Program (SCHIP) are before Congress.
Noncitizen eligibility also was a key issue in the comprehensive legislation reauthorizing Agriculture Department programs (H.R. 2646, known as the “farm bill”), because the bill includes changes to the Food Stamp program. (See CRS Electronic Briefing Book, Welfare Reform, page on “Noncitizens,” available at [http://www.congress.gov/brbk/html/ebwlf60.html]; and CRS Report RL31114, Noncitizen Eligibility for Major Federal Public Assistance Programs: Policies and Legislation.)
Another fascinating report from the Congressional Research Office (LPR = Legal Permanent Resident):
Issue Brief for Congress
Noncitizen Eligibility for Public Benefits
Prior to 1996, LPRs were eligible for federal public assistance under terms comparable to citizens, and states were not permitted to restrict access to federal programs on the basis of immigration status. The 1996 welfare reform law (P.L. 104-193) instituted a 5-year bar for most newly entering LPRs and generally allowed the states to bar noncitizens from Medicaid and Temporary Assistance for Needy Families (TANF), with exceptions for LPRs with 10 years of work history and for certain humanitarian cases, such as refugees and asylees. As the result of perceived abuses and budgetary concerns, it also barred most legal aliens (again excepting LPRs with 10 years of work history and certain humanitarian cases) from Supplemental Security Income (SSI) and food stamps.
As the 107th Congress considers legislation to reauthorize federal public benefit programs, the crux of the noncitizen eligibility issue is what classes of LPRs should be eligible for assistance and what types of assistance should be available to them. Several significant legislative proposals expanding noncitizen eligibility for TANF, SSI, and Medicaid/State Children’s Health Insurance Program (SCHIP) are before Congress.
Noncitizen eligibility also was a key issue in the comprehensive legislation reauthorizing Agriculture Department programs (H.R. 2646, known as the “farm bill”), because the bill includes changes to the Food Stamp program. (See CRS Electronic Briefing Book, Welfare Reform, page on “Noncitizens,” available at [http://www.congress.gov/brbk/html/ebwlf60.html]; and CRS Report RL31114, Noncitizen Eligibility for Major Federal Public Assistance Programs: Policies and Legislation.)
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