Immigration Reform - or ENFORCEMENT?

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

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

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

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

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

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

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

SL Chamber proposes permanent "guests"

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

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

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

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

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

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

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

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

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

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

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

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

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

Driver Privilege Card Audit

Utah study verifies that Driver Privilege Cards are issued to illegal aliens. This seems to be a criminal violation of 8 USC 1324(a)(1)(A)(iv) "Any person who— encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law shall be punished as provided in subparagraph (B). "

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

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

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

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

Interim Immigration Committee Meeting - Richfield

First Hand report by attendee of the Richfield meeting:
Last night I went to the Utah Legislative Illegal Immigration Committee hearing last night in Richfield. I didn't have any takers on the invitation to drive to Richfield with me and so I went by myself. It was very different than the other hearings. The folks out in the hinterlands are much different than those along the Wasatch Front.
There were about 15 people in attendance other than those on the committee and agenda. CCII from Wasatch County had about 7 or 8 and myself, so members of UCII (Utah Council on Illegal Immigration), made up about half of the citizens in attendance. There was plenty of time at the end for public comment. There were about 7 that spoke and no one was restricted on time, and the hearing still ended about 50 minutes early.
Agenda:
Denny Drake a Washington County Commissioner has an excellent understanding of the issue of illegal immigration and gave the committee a lot of good information on E-Verify and 287g in their county. He related some of the efforts that they are making in the county to solve their problem. CCII has done an excellent job with their county commission.
Kirk Smith Washington County Sheriff Is also well informed and is moving forward with 287g. They now have two deputies qualified, and will report on their progress. He recounted some of the crime problems that they are having, especially with illegal drugs. He told them that 100% of the recent marijuana farming operations in Southern Utah were being run by illegal aliens. Here again credit must be given to CCII for educating their sheriff.
Richfield Chamber of Commerce: This was a surprise. They had visited many of their members and found that they don't want to hire illegal aliens and would like to know how they can tell if they are illegal. (They must not have checked with their state or national leaders) These people said they were hearing for the first time at the hearing, about E-Verify and would like to get training on it. For those of you that are surprised about this don't be. It is a different world out there in rural Utah.
Gary Mason Chair of Sevier County Commission: Also said that he and those he knew were not in favor of illegal immigration, and as citizens opposed it, but didn't know what to do about it. He also said that no one knows how to tell if they are hiring illegals or not since they all have ID.
Phil Barney Sevier County Sheriff: Identified some of the crime problems that they are having and also reported that they are unable to identify illegals. He did tell about one of his deputies that arrested a guy for DUI that was probably illegal but had to let him go after the local court dealt with the DUI. Several months later the same guy was arrested for DUI, but with a different ID. He would have gotten away, but it happened that it was the same deputy and he recognized him as being the same person, and so charged him with ID fraud in addition to the previous crimes. His main complaint was that they have very little support from ICE. He said that he guessed that they were just too far from St. George or Provo.
Public Comment Time was primarily taken by UCII members. However the ACLU had a lawyer there that went through the 14th Amendment of the Constitution with them and other rights that make management of the illegal problem difficult. Also, there was a woman there that spoke up for the Catholic Church who was in favor of not making any laws that would restrict the illegal immigrants in Utah.Tentative dates were set for the next committee hearings were October 22nd, Nov 17th, and December 3rd. No place or time was decided, but they did say that they would still like to go to St George. It would be nice if we could get more citizen support next time.

California Court on In-state Tuition for illegals

California Court of Appeals has weighed in with a decision on illegal aliens and In-state Tuition, declaring it unconstitutional:

A three judge panel of the California Court of Appeals unanimously ruled Monday that a California law intended to permit illegal aliens to attend public colleges and universities at in-state tuition rates is unconstitutional because it conflicts with federal law, and violates both the equal protection clause and privileges and immunity clause of the constitution. Ruling in the case of Martinez et al. v. Regents of the University of California, brought by the Immigration Reform Law Institute (IRLI) on behalf of some 80,000 nonresident American students who were denied in-state tuition benefits, the Appeals Court agreed that California policy violates expressed provisions of both the Immigration Act and the Welfare Reform Act of 1996.

The 1996 Immigration Act states that "an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State...for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit..." In their ruling, the judges concluded that a California law that recognizes illegal aliens as residents for the purpose of attending public colleges and universities at taxpayer subsidized tuition rates, "does, and was intended to, benefit illegal aliens" - a benefit that the state fails to provide to U.S. citizens from other states. The court also granted injunctive relief to nonresident American students, meaning that they must be permitted to pay in-state tuition. Students who have already paid out-of-state tuition rates must be reimbursed."

This decision should be a call to action in Utah to repeal in-state tuition for illegals. Obviously court cases may continue, but the salient point in this decision is that some in the Utah government have used the original court decision (no standing) as a reason to allow continuing the Utah illegal alien in-state law.

This case is based on virtually the same scenario as Utah's situation, and the California Court ruled on the RESIDENCY issue. A letter to U of U from the AG's office opines:

"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." . . .

"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."

It appears that opinion has now been offered - Martinez v. Regents of U.C. 9/15/08 CA3 :

"2. Respondents argue in-state tuition is not granted "on the basis of residence within a state" as required by federal law. Respondents point to the fact that in-state tuition for illegal aliens is based on a student’s having attended a California high school for three or more years and on the student’s having graduated from a California high school or having attained "the equivalent thereof." (§ 68130.5, fn. 1 ante.) As we shall explain, the three-year attendance requirement at a California high school is a surrogate residence requirement. The vast majority of students who attend a California high school for three years are residents of the state of California. Section 68130.5 thwarts the will of Congress manifest in title 8 U.S.C. section 1623.
We shall conclude the trial court erred in determining the complaint failed as a matter of law. We shall reverse the judgment of dismissal and allow the case to proceed in the trial court."

As has been testified many times before Utah legislative committees, there is a huge POTENTIAL liability to the taxpayers of Utah in continuing this action - Instate Tuition for illegal aliens should be repealed as soon as possible. The estimated liability to Utah may be in the $100's of millions.

2008 GOP National Platform - Immigration

It appears the 2008 GOP platform on illegal immigration has changed from 2004 (amnesty) - for the better!!! The GOP apparently may have listen to its grassroots constituents' inputs - Now, if only the elected officials would now heed those wishes.

"Immigration, National Security, and the Rule of Law" shows up on page 3 of the 67 page document" - 2008 excerpts:

"Immigration policy is a national security issue, for which we have one test: Does it serve the national interest?"

"Experience shows that enforcement of existing laws is effective in reducing and reversing illegal immigration. Our commitment to the rule of law means smarter enforcement at the workplace, against illegal workers and lawbreaking employers alike, along with those who practice identity theft and traffic in fraudulent documents. As long as jobs are available in the United States, economic incentives to enter illegally will persist."

"the denial of federal funds, for self described sanctuary cities,"

"It does not mean driver’s licenses for illegal aliens, nor does it mean that states should be allowed to flout the federal law barring them from giving in-state tuition rates to illegal aliens, nor does it mean that illegal aliens should receive social security benefits, or other public benefits, except as provided by federal law."

THIS was REMOVED from the 2004 platform: "President Bush has proposed a new temporary worker program that applies when no Americans can be found to fill the jobs. This new program would allow workers who currently hold jobs to come out of the shadows and to participate legally in America’’s economy. It would allow men and women who enter the program to apply for citizenship in the same manner as those who apply from outside the United States."

Regrettably, they failed to include anything on "anchor babies." Inclusion of a restriction on the interpretation of the 14 th amendment giving citizenship to those born within the geographic boundaries of the US was defeated in the platform committee.

Click here for Michelle Malkin's comments on this immigration platform plank.

Now we will have to keep Pres. McCain on the straight and narrow on the issue!!! There appears some differences with McCain past positions:
"The 2004 platform also reflected the position of Arizona Senator McCain, who co-sponsored legislation last year that would have overhauled the immigration system and offered an estimated 12 million illegal immigrants a path to citizenship while tightening the border with Mexico and creating a guest- worker program. He has since said the U.S. must secure its borders before changing the system."

NEA on Illegal Aliens

The National Education Association passed their annual resolution in their July 2008 convention. They seem to concern themselves with issues far beyond the scope of EDUCATION. Here's a synopsis of the NEA stand on illegal aliens and immigration. (emphasis added)

B-20 (NEA) " further believes that students who have resided in the United States for at least five years at the time of high school graduation should be granted amnesty by the Immigration and Naturalization Service, granted legal residency status, and allowed to apply for U.S. citizenship, and that legalization not be used as an incentive for or be dependent on military service." (1980, 2005)

B-21 (NEA) "advocates the implementation of bilingual/bicultural and remedial instructional programs that address the individual instructional needs of migrant students in the United States, regardless of the availability of federal and state funds to support such programs." (1975, 1996)

B-11. Racism, Sexism, Sexual Orientation, and Gender Identification Discrimination
". . . Discrimination and stereotyping based on such factors as race, gender, sexual orientation, gender identification, disability, ethnicity, immigration status, occupation, and religion must be eliminated."

I-19. Migrant Workers (NEA) "is concerned with the plight of migrant workers. The Association supports the efforts of migrant workers to be represented in collective bargaining by the organization of their choice. (1985)"

I-20. Immigration (NEA) "opposes any immigration policy that denies human and/or civil rights or educational opportunities to immigrants and their children regardless of their immigration status, hinders workers’ abilities to organize, imposes excessive fees and fines on those seeking legalization, or criminalizes individuals or groups who support or assist immigrants regardless of their status. (NEA) "also opposes any policy that makes legalization or naturalization dependent upon military service and/or service in a combat zone. The Association condemns such policies as inhumane and discriminatory." (1984, 2007)

New I. César Chávez Day* (NEA) " believes that César Chávez Day should be a state holiday in every state to focus on the importance of human relations. (NEA) " encourages the observance of this day to promote reflection and action for social justice." (2008)

B-10. Racial Diversity Within Student Populations (NEA) "believes that a racially diverse student population is essential for all elementary/secondary schools, colleges, and universities to promote racial acceptance, improve academic performance, and foster a robust exchange of ideas."

I-1 (NEA) "supports the principles stated in the United Nations (UN) Charter and believes that the UN furthers world peace and promotes the rights of all people by preventing war, racism, and genocide." (NEA) "further believes that Education International contributes to peace and international relations by promoting dialogue among the world’s education employees. "

"Delegates adopted the report of the 2007-08 resolutions committee as recommended . . ."

RNC asking for Platform input

The only mention of illegal immigration I could in Platform Issues was under National Security - Secure Borders in the new RNC request.

The Republican National Committee is requesting input on the Party Platform:
"The Republican Party is seeking your input as we develop the policies and principles upon which we should stand for the next four years. On this website, you can share your thoughts, participate in polls, and communicate directly with the policymakers who will be shaping the party's agenda. All comments and feedback will be reviewed and taken into full consideration as we prepare for our convention in Minneapolis-St. Paul."

However "illegal immigration" search does come up with 88 hits. I briefly looked through the first 40 (the last 2-3 days) Virtual every one voiced the NO AMNESTY opinion (meaning "immigration reform" a.k.a. Sale of Citizenship to the lowest bidder)

In the last 30 minutes 8 more posts - most virtually identical. "I want the Republican Party to get serious about ending illegal immigration and reducing overall immigration numbers. I hope the GOP platform includes attrition through enforcement measures and an end to chain migration policies."

They may have underestimated their members distaste for amnesty - hopefully they'll listen and the platform will again reflect the opinion of the people. See articles below on Platform history.

Program lets illegal immigrants volunteer to leave

You've got to give them credit for creative headlines; I had no idea Americans were keeping illegal aliens captive.

AP posted the article with the Headline "Program lets illegal immigrants volunteer to leave"

Excerpt:
"Those folks will be able to walk into an ICE office and say I'm here and I want to go home," Bassett said. They will not be jailed as most people are who are arrested because they are believed to be in the country illegally, she said. They will not be required to wear tracking devices, she said.
Jim Hayes, the acting ICE detention and removal director, said some 572,000 people in the country have final deportation orders but have not committed a crime."

Hayes denied that the voluntary departure program was designed to increase the numbers of immigrants removed from the country or as a political move in the ...

ICE program: Volunteer for deportation, get 90 days to leave family Contra Costa Times
Bush Administration Finds "Solution" for Illegal Immigration ... AOL News Newsbloggers
Comment by Ira Mehlman Federation for American Immigration Reform
all 163 news articles »

Here's the actual ICE release on the subject: Excerpt: "There are approximately 572,000 ICE fugitives in the United States, including 457,000 who do not have criminal histories. An ICE fugitive is defined as an alien who has failed to depart the United States based upon a final order of removal, deportation, or exclusion from a U.S. immigration judge, or who has failed to report to ICE after receiving notice to do so. Only non-criminal fugitive aliens are eligible for the program and will be screened by an ICE officer when reporting to verify status. ICE officers will update immigration databases, and explain supervision requirements to eligible aliens. Aliens who qualify would be allowed to remain in the community with a reporting requirement or an electronic monitoring device. Since all situations are unique, an ICE officer will notify the alien of the next steps to take for removal.
Aliens who are able to provide for their own removal would have the flexibility to make their own travel arrangements within a 90-day time period. ICE will work with eligible aliens who are not able to provide for their travel; however, ICE will maintain control and schedule the travel arrangements in these specific cases."

Fender Bender in Orem

An interesting little article on an illegal alien accident in Orem Utah:
An Orem traffic crash has turned into an immigrations bust in Lindon.
It was a simple fender bender on 1600 North in Orem, but it got interesting when the driver who caused the accident ran away right after he rear-ended someone.
Three others inside the car told Utah Highway Patrol troopers he worked at Mountain States Steel plant in Lindon.
"The driver did work there at the steel company and actually ran over to work and was actually working. He was arrested," said UHP trooper Cameron Roden.
Roden says he'll face some charges, but immigration officers will take care of the rest.
The man in the country illegally, and so are his three friends.

http://www.ksl.com/index.php?nid=148&sid=3879295

KSL seems to be the only media outlet to report on the accident - buried among the 178 comments is this one from the Utahn who was hit. (It's near the bottom with some interesting - idiotic - responses)

Owner of Vehicle Struck in Accident!!!
by The Whole Bloomin' Yard @ 9:51pm - Tue Jul 29th, 2008

As I ponder on the events that happened in the accident. I cant help but reflect on the comments and issues that this accident has brought up. My company is a small company that primarily does property maint. (lawn mowing) and landscaping. I have but one truck and trailer and all my equipment my company had was on the trailer. The vehicle that struck my trailer at 45-50 MPH totaled my trailer and multiple mowers and various other equipment and damaged my truck to the extent that it cannot haul a trailer anymore.

The driver of the vehicle nor anyone else bothered to see if i was alright instead the hard working non legal citizen of the good old USA decided to not be responsible nor caring enough to hang around instead fled the scene. I am grateful that they were able to catch him. However now that it is over i am faced with new challanges.

thanks to the immagrant who apparently decided to op out of the drivers ed class my company now has no way to serve my customers nor put food on the table for my family and pay my bills! I am the proud father of two and now my family and customers have to suffer because they didnt want to enter this county the right way and take the proper courses on how to operate a motor vehicle in this country.
Yes I do have insurance however it will take a week and a half to two weeks to get me a check for a new trailer and to fix my truck. By that time I will be out of business. Thanks again to the illegal immagrants who cross the border to find a better life, to work for less than the average american who has skills will, and ruin other peoples lives.

Sutherland Institute - authentic conservatives??

The (usually) Sutherland Institute of Utah has weighed in on the illegal alien issue - and stepped off the scale on the wrong side.

While "compassion" exudes from the pontification, it seems directed solely towards our "neighbors" to the South; little consideration seems to given to the remaining millions who would dearly love to come to enjoy the still remaining freedoms available in the United States.

No compassion seems to be proffered to the thousands of Utahns whose identity has been stolen to allow the "law-abiding" successful evaders of border enforcement or those ignoring current visa requirements to obtain employment. The report indicates that "sensible conservatives" should work to dismantle the welfare state. How sensible is it to dismantling welfare by adding millions more to it OR by accepting those who have already found the way to successfully partake of it?

In one paragraph, Sutherland opines that it "looks to the United States Congress to create and effectively enforce a coherent immigration and border security policy as a top priority." Later is this espoused belief, "If a person of good will comes to our state looking to make Utah a better place to live, work and raise a family, then we should welcome that person – from wherever and however they come to us." There seems to be a large inconsistency here.

In an obvious observation, Sutherland declares illegal immigrants are "real people with real families in search of America’s fullest privileges," but is it America and Americans that are breaking up families or is it the illegal immigrant himself? Do those "fullest privileges" include the welfare state that the authentic conservative Sutherland Institute decries?

The report states "Illegal immigrants who have not engaged in other forms of criminal behavior should not be exploited." Surely Sutherland is not intimating that those who have engage in other forms of criminal behavior SHOULD be exploited. A real authentic conservative exploits no one. A real authentic conservative obeys the law (federal and state) and does not hire an illegal with a wink and nod at the presentation of fake or stolen identities.

Their third expressed 'sentiment' states: "We should seek economic transparency and personal accountability from all Utah residents. State laws, policies, and regulations must hold illegal immigrants accountable for otherwise law-abiding behavior – to live as equals is to assume the mantle of full citizenship, self-reliance, and economic productivity."

I find it rather astounding the Sutherland feels they are the sole determinant of what constitutes an "authentic conservative" (cited 44 times in the report) in Utah. A true authentic conservative exhibits compassion to all of God's children, not just those "neighbor(s), south of the border." A true conservative would not consider awarding citizenship in the greatest country in the world to those who openly defy the laws upon which the very basis of freedom rests.

Interim Immigration Committee Meeting

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3:45 5. Other Items / Adjourn

GOP Illegal Immigration Platform Plank Proposal

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

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

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

PROPOSED PLANK TO THE UTAH REPUBLICAN PARTY PLATFORM

Immigration:

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

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

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

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

A Review of GOP Platforms on Illegal Immigration

TEXAS

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

IOWA

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

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

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

No Carolina

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

WASHINGTON

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

Nevada

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

Nebraska

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

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

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

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

The National GOP Platforms on Illegal Immigration

Republican Party Platform of 1984

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

Republican Party Platform of 1940

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

Republican Party Platform of 1932

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

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

Republican Party Platform of 1912

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

Republican Party Platform of 1900

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

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

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

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

Democrats on immigration

Democratic Party on Immigration Party Platform

Path for undocumented aliens to earn citizenship

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

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

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

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

All information above quoted from Ontheissues.org

Wrap Up on Legislative Actions

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

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

The GOOD news:

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

The BAD news:

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

2008 Utah Legislation

Bills possibly affecting illegal immigration

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

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

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

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

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

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

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

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

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

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

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

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

DNews article