Thursday, November 11, 2010

Utah Compact on Immigration

Several groups and individuals announced a Utah Compact on Immigration today.

Judging from some of the supporters, it appears to be yet another plea for "virtual amnesty" through non enforcement for illegal aliens (officially referred to as unauthorized aliens).


One statement of the Compact repudiates the call for a Utah 'immigrant worker' program: "Immigration is a federal policy issue between the U.S. government and other countries — not Utah and other countries."

The Compact also speaks against one family member leaving his family behind, in his homeland, to be a migrant worker, or leaving a children behind, in the US, when deported: "We oppose policies that unnecessarily separate families."

It also supports that Rep. Sandstrom's proposed enforcement style law is NOT racism and recognizes the ability of law enforcement to discern proper enforcement procedures: "We respect the rule of law and support law enforcement's professional judgment and discretion."

Finally, it supports Utah's use of Official English as "reflecting our unique culture, history and spirit of inclusion."

Yes, we in Utah can, and do, support a "humane approach " and we are "a place that welcomes people of goodwill." especially those who obey our laws, civil or criminal.

The validity and usefulness of this Compact depends on the definition of "immigrant:"

If one uses the common definition, "A person who leaves one country to settle permanently in another," then we must assume this is referring only to those who are here LEGALLY, in which case most people would generally agree with the sentiments.

If we use former Congressman Chris Cannon's MALDEFinition, "We love immigrants in Utah. And we don't make the distinction very often between legal and illegal. ," then we have a problem.

That said, I will probably not be a signatory to this Compact.

Tuesday, September 14, 2010

Yes, DNews, Let's Change the Law

The LONG version of a letter to the Deseret News regarding their editorial.

Your editorial (Sep. 17) opining “Don't Alter the Constitution” suggests that many of the “public policy” problems associated with birthright citizenship (actually with illegal immigration) could be solve through legislation. Your suggestion that “chain migration” can be solved by legislation is correct, but you failed to offer any editorial support for the solving the issue.

Not amending the Constitution is probably a point with which most Utahns agree. Sadly, though, the editorial did not mention (or support) several laws proposed concerning birthright citizenship, or chain migration at the federal level in recent years. A recent example is Rep. Deal's H.R. 1868 which would define and properly interpret the 14th amendment.

The question that most often arises over the 14th amendment is the meaning of the phrase “subject to the jurisdiction thereof.” Click here or here for further information on that issue.

Although there have been court cases concerning the 14th Amendment, there have been no court cases were decided strictly on the basis of the meaning of jurisdiction or 'allegiance.'

“The constitution nowhere defines the meaning of these words, either by way of inclusion or of exclusion, except in so far as this is done by the affirmative declaration that 'all persons born r naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States.' US v. wong Kim Ark, 1898

Wednesday, July 21, 2010

Gov. Herbert's Illegal Alien Committee Report

A  brief summary of  comments by the committee participants, as heard at the meeting. Committee membership included 5 Utah Senators, 6 Reps, 5 from law enforcement, 4 business orgs :
Gov Herbert Immigration Committee     20 Jul 2010
Click here to view meeting
Introduction by Gov. Herbert   (Gov.'s Introductory Statement)   
    90 sec. each by committee participant, Palmer DePaulis, moderator

Pamela Atkinson, Community advocate    we need civility, not hatred  - help one another   
Lane Beattie, SLCC - 6100 statewide business    Federal issue, support border security need comp reform, we are not border state.
Curt Bramble, Senator    NCSL talked of bipartisan immigration reform proposal by Sen. Shumer and Graham - Likes AG plan
Ken Bullock, ULCT the problem needs to be defined
Chris Burbank, SLC Police    Narrow position local enforcement, reform needed  Don't expand police enforcement weakens support community,  it's a civil issue, not criminal.
Dave Clark, Representative    Need statesmen like solution, Fed Failure, states acting 333 laws last year, rule of law
Peter Coroon, SLCo Mayor    represents 1 million people, we enforce laws, jail full fed needs to act
David Armstrong, commissioner of Public Safety    need safety for all people, frustrated with limited resources, many laws passed SB81 excellent example, but need $$$
Brad Dee,
Representative     we must look out for next generation, rhetoric shows system reform needed;  my eyes were opened during the interim immigration committee meetings across the state.
John Dougall, 
Representative    Legal Immigration must be addressed, fed derelict in border security, we shouldn't be questioning all the people, protect freedom of association
John Greiner, Ogden Police    disagree that illegal immigration is only a civil violation, 2006 IACP white paper, local enforcement decision
Michael Waddoups, 
Senator        Nation of immigrants, Oppressive govt created nation of laws. art 2 sec8,9  fed gov failed, states must act, not a race issue -  need repent and return policy
Terry Keefe, Layton Police, UT police chiefs assn    enforce laws, criminal misdemeanor
Carl Wimmer,
Representative    Constitution, fed failure (not even trying); states must act, state sovereignty;  compassion seems restricted to those already here
Carlos Linares, Hispanic Council      enforcement alone does not work, need reform, dignity of humans not solved by fence, no more enforcement- need study
David Litvack,
Representative   UT has comprehensive approach, even 'progressive,' local DREAM act, Driver Privilege card;  concern in community, racial diverse, need open discourse
Pat Jones,
Senator      Has no answer, fed responsibility, must employ legally, interviews show hispanics are good worker;  Spanish prayers are OK
Stan Rasmussen, Sutherland    we're listening to clarify our stance, fed gov failure, need for workers in UT, unique challenge in Utah,    fellow humans
Luz Robles,
Senator     Fed failure, no $$ to enforce, accountability by employers, need to integrate
Ross Romero,
Senator     Thanks for 1300 list action, Obama troops on border, Negative debate by anti hispanics,  no t them vs. us
Dee Rowland, Catholic Diocese        need civility, bros and sis, we don't ask status, living in shadows, democracy
Steve Sandstorm,
Representative    Working on AZ style law, wish we didn't have to; laws give freedom,  Illegal immigration threatens laws,  I'm listening
Mark Shurleff, AG    History of joining of railroad golden spike  by Chinese and Irish (not legal at time);  comprehensive plan proposal
Kirk Smith, Utah Sheriff Assn (Washington co)  People are saying ;do something;  no leaders at fed level in SS and immigration, immigration process in disarray; unfunded mandates
Tony Yapias, Proyecto Latino   thanks for work on 1300 list, we can’t do the fed's job' we want a change, not amnesty, just jobs and fairness for all.
Doug Wright, KSL    humbled, never seen an issue like this in 42 years of broadcasting,  Email saying remove illegals NOW;  amazing ideas today
Sean Reyes, Attorney    fed gov failed; local issue not about citizenship and naturalization; need to get out of shadow, pay taxes; legality does not mean citizenship
Randy Parker, Farm Bureau    need workers, fed failure,  Guest worker H2 bureaucratic, lost 300 lambs due to delay with workers
Dave Layton, Construction    need legal workers, hispanics good high value employees.

Part 2 Discussion    Economics, border, enforcement, et al   "Let's talk about Guest workers"
Parker    1960's Bracero worked, we need seasonal workers (1)
Beattie    Previous proposal (SCR1)   they are here, not leaving; need to legalize (2)  without amnesty - citizenship later  (3)

?? Can we have guest worker without amnesty?

Robles    Amnesty not up to the state ; they are living here, (4)
Waddoups,     Who are these unemployed 7%,  do we really need more workers?  (5)
Wimmer     Robles is right, we can't give amnesty, must leave the country first,  others who would love jobs,  7.5% unemployment welfare ck vs work
Romero    need more farm employees, do we need immigrants, not amnesty most who came here were legal and overstayed visa (6), they are participating
Atkinson    Guest workers OK, but 3 million people have applied for visa, some waiting 20 years family - amnesty a disservice to those
Shurtleff    I'll have to defend whatever law is passed,  Utah needs control of workers, we need study of Nuevo Leon, they have good program
Dougall    agree with Wimmer on amnesty, but immigration not an exclusive fed right (7)
Sandstorm    Guest worker intriguing, if guest went home,  Utah program would entice illegals
Clark    Crisis,  push back on fed on immigration
Rowland    Guest workers not going to happen (soon?)    must pressure fed for immigration reform (8)
Yapias, We need Shumer/Graham amnesty   I don’t want more people either
Rasmussen    Tenth amendment, states rights, we need permit for those already here.  Leave and return will not work - economic loss
Wright    Perception on amnesty si we need a pound of flesh Utah unemployment was effectively 0% a while ago, we are talking about real people here, I don’t understand the need to return
Bell    Can you adopt a Guest workers program without Amnesty?  Or without Federal approval?
Bramble    Four planks of Shumer; Graham = Border/ biometrics/ guest worker/ deal with illegals; prior resolution ignored, 50 state policies not viable
Robles    we’ve talked with fed, this will push them to action

Tuesday, July 20, 2010

Comments for the Governor's Immigration Committee

I did get an invite to attend the committee, not as a participant, but as an observer, so I could "listen and comment at a latter date.

Here's what I might have said, if given the chance:

Illegal aliens in UTAH

This whole issue may be about people, about individuals - but it is also about principles.   It may also be about compassion - but it should be about compassion for ALL people - not just those who are here and ahve successfully evaded the law.   Equal compassion - under the established rules.

The United States is based on the rule of law.  Our governmental foundation is the Constitution.  John Adams said "Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other." 

We are seemingly becoming a less moral people and a wise men noted a couple centuries ago, a free country "can only exist until the majority discovers it can vote itself largess out of the public treasury."  We are now in the process of importing people to aid in that majority leading in the wrong direction.    FAIR estimates that illegal immigration in Utah alone cast $453 million annually.
Obeying laws is part of the basis of morality.  If we continue to fail to enforce laws, if we allow everyone to pick and choose which laws to follow, then we have basically established an anarchical society. 
Amnesty, or  a reward for successfully evading or avoiding a law, can only encourage MORE evasion and corruption of our once obedient and moral society.   Rewarding illegal behavior simply encoruages more of that behavior.
We tried a blanket amnesty in 1984 - it did NOT stop illegal immigration. We have had several selective amnesties since that time.  They have simply encouraged more people to come the these United States, supposedly for freedom, in hopes of future amnesties - at the same time destroying that freedom by bits and pieces by igonring that fundamental principle of the rule of law. 

Federal law prohibits aiding, abetting and encouraging people to enter or reside in this country.  Too many of our policies do just that.

We talk of compassion, but seem to forget the millions who are trying to abide by our legal framework or who would love to come to this country, but can not because they are unable to simply cross the border or overstay a visa.   When we talk of compassion, we must remember those who are NOT seen, and not give priority to those who have been successful in ignoring the law.

We should "encourage" those who have been allowed to participate in the benefits of our guaranteed freedoms (and our taxpayer provided education) to return to their homeland and help their own countries develop the proper principles of liberty and freedom.

In our earlier history a more open border and simple immigration policy may have been practical.   While we have been straying from freedom principles, even in this country with our Constitutional guaranteed and recognition of individual rights, we still retain enough understanding to be that shining beacon on the hill, emanating that light of liberty to be encouraged and adopted throughout this world.  Our detour onto the welfare state path has also created an incompatibility with open borders. 

We need to work to export Liberty, not import poverty; to explain and teach Freedom to all the world. This is our destiny as a nation, not to corrupt our system with the failed ideas that government can provide all things to all people. Minimizing government may allow us to return to that openness and acceptance of those who are truly trying to WORK. 

Yes, we can adopt a civil tone and work together to restore these proper principles by following the already established and continue the quest of compassion for ALL people to attain the blessings of liberty.  

Thursday, July 15, 2010

An Open Letter to Utah Gov. Herbert

Gov. Herbert,
I understand you have scheduled your "immigration committee" meeting for 20 July to discuss how to solve the illegal immigration problem in Utah.

SL Trib: 2 July “We’re going to have an inclusive group of stakeholders talk in a respectful fashion,” the governor said during an interview on “Pulso Latino” radio program.
The governor said he hopes to have members from various minority communities, the business community, various faith-based organizations and legislators, including Rep. Stephen Sandstrom and Sen. Luz Robles.
While I am not a "member of a minority community," or a leader of a "faith-based organization," or a legislator;  I am a Utah resident AND a US Citizen, familiar with the issue and I have studied and worked on this issue for quite some time and would be happy to provide some input.  

I'm sure there are many other similarly situated "stakeholders" who would be glad to participate. 

PS: I might also remind you of the platform plank on immigration passed by OUR Republican Party recently.

The List of 1300 Illegal Aliens

Somehow a list of purported illegal aliens is deserving of top billing on all the local TV networks - WHY?  e.g. FOX SLTrib
(It's even NATIONAL news now) e.g. ABC     
A few Questions:
Do illegal aliens deserve more protection than normal citizens?
Complete Voting Lists are not difficult to obtain.  
But we can NOT release a list of people who signed petitions for referenda.
On the Utah State web site, anyone can, with relative ease, find these lists :
Includes Business Name & Address, Registered Officers, Principals, Partners, Registered Agents

Professions Licensed in Utah Includes Name, License type, license status

  • Real Estate Agents, Brokers & Companies

  • Mortgage Agents, Brokers & Companies

  • Name, Address & Phone

  • Owner's names, Addresses and phone when available

  • General Contractor's names, Addresses and phone when available

  • Property Address

  • We can issue Driver Privilege Cards ONLY for illegal aliens, but we are not allowed to see THAT list. 
    If the list contains SSN's, how did the purported illegal alien get one? 
    If they have one, is that not ID fraud?
    Or were they ITIN's?
    How does Mr. Yapias have access to the list?
    Is the Driver Privilege Card list available?
    If someone receives the list, can they post it on the web?
    If an illegal cries in the wilderness, are they still quoted by the media? 

    Is the release of this list protected by the UT Whistle Blower statute, exposing violation of Federal Law?  (e.g. aiding abetting illegals)

     Ut Code 67-21-3.   Reporting of governmental waste or violations of law -- Employer action -- Exceptions.
         (1) (a) An employer may not take adverse action against an employee because the employee, or a person authorized to act on behalf of the employee, communicates in good faith the existence of any waste of public funds, property, or manpower, or a violation or suspected violation of a law, rule, or regulation adopted under the law of this state, a political subdivision of this state, or any recognized entity of the United States. 

    I guess "Illegal Alien" is now a protected class - perhaps, soon, it will be an endangered species.  (No, that is NOT a call for vigilantism)

    Saturday, July 10, 2010

    Illegal Alien Costs in UTAH $453,000,000

    FAIR Releases First-of-its-Kind Comprehensive Study of Federal, State and Local Costs of Illegal Immigration

    "(Washington, D.C July 6, 2010) A new study released today by the Federation for American Immigration Reform (FAIR) estimates that illegal immigration now costs federal and local taxpayers $113 billion a year. The report, The Fiscal Burden of Illegal Immigration on U.S. Taxpayers, is the most comprehensive analysis of how much the estimated 13 million illegal aliens and their U.S.-born children cost federal, state and local governments."
    *******        *********      **********

    The annual cost to Utah taxpayers is estimated at a total of $453 MILLION or about $162 for every individual in the state or $480 per Household.
    Here's the cost breakdown from FAIR:

    cost per
    Tot $(M)
    LEP Students
    Cost per
    Total $$$
    Instate Tuition
    # 4 yr
    # 2 yr
    4 yr benefit
    2 yr benefit


    Emerg. Births
    Med Ins
    US Born
    Med Ins




    Child Care
    Per child
    # TANF






    Saturday, March 20, 2010

    Utah Instate Tuition costs for ILLEGAL Aliens.

    Here is an analysis of Utah taxpayer subsidies for ILLEGAL aliens for Instate Tuition.  If the alternate figure of 643 students (from Utah's Children)  is correct the total would be  over $5 million.  In addition, if we are filling the spots with foreign nationals, 600 Utahns are being denied an educational opportunity.  Commissioner of Higher Education William Sederburg reports we are turning students away.  "At Salt Lake Community College, it (budget cuts) means . . . . the denial of educational opportunities to approximately 4,700 students. At Utah Valley University, . . . . 930 students turned away."

    The Utah Legislature once again failed to repeal Instate Tuition in 2010.    HB 428 died in committee without a hearing.

    Illegal Aliens Enrolled In Utah Institutions

    School Illegal Aliens % Total illegal Alien Enrollment In-State Tuition & Fees (12 hours) International Student Tuition & Fees (12 hours) Difference Difference between in-State and International Student Fees - One Semester Difference between in-State and International Student Fees - Two Semesters
    University of Utah (Freshman/Sophmore) 117 20% $2,420.60 $7,597.58 $5,176.98 $605,706.66 $1,211,413.32
    Utah State University 32 5% $2,228.82 $6,675.68 $4,446.86 $142,299.52 $284,599.04
    Weber State University 71 12% $2,043.66 $5,777.47 $3,733.81 $265,100.51 $530,201.02
    Southern Utah University 6 1% $2,134.50 $6,423.50 $4,289.00 $25,734.00 $51,468.00
    Dixie State College 3 1% $1,572.60 $5,448.60 $3,876.00 $11,628.00 $23,256.00
    College of Eastern Utah 3 1% $1,235.00 $2,270.00 $1,035.00 $3,105.00 $6,210.00
    Utah Valley University 181 31% $2,024.00 $5,944.00 $3,920.00 $709,520.00 $1,419,040.00
    Salt Lake Community College 177 30% $1,395.00 $4,365.00 $2,970.00 $525,690.00 $1,051,380.00
    Snow College 0 0% $- $- $- $- $-
    Total 590 100%

    $2,288,783.69 $4,577,567.38

    Wednesday, February 24, 2010

    HB 227 Passes Utah House

    Another step on the way to remove some incentive and enticement for illegal aliens to come or stay in Utah.

    After being defeated on Thursday and reconsideration failing the following day, a veritable floods of Emails from the voters brought HB 227, Licensing Eligibility, back to the House floor under suspension of rules late Monday. 

    An amendment was added, to offset some of the critcism of the bill, to clarify the "applicant" that must declare their "lawful presence in the United States" to apply "for a new business license issued by a municipality or a county."

    With a good discussion, the vote continued its seesaw support finally passing 38-36-1 after a "call of the House" requiring absent Representatives to be found to vote.

    Those voting in FAVOR

    YEAS - 38

    Aagard; Barrus; Bigelow; Brown; Clark, D.; Daw; Dee; Draxler; Dunnigan; Edwards; Ferry; Fisher, Julie; Frank; Froerer; Gibson, F; Gibson, K; Greenwood; Grover;  Herrod; Hughes; Hutchings;  Ipson; Lockhart; Kiser; Last; Mathis; Morley; Newbold; Noel; Oda; Painter; Ray;  Sandstrom; Sumsion; Vickers; Wallis; Wilcox; Wimmer;

    Friday, February 12, 2010

    2010 Utah Legislation on Illegal Aliens

    Update: 18 Feb Failed on the floor of the House 40-32-3

    Update: First substitute HB 227 was passed 8-5 in committee and now goes to the House floor

    Another attempt to prevent illegal aliens from receiving benefits from their presence in Utah has been introduced:

    HB0227 Licensing Eligibility Sponsored by Rep. Steve Sandstrom "requires an applicant for a business license issued by a municipality or a county to provide the municipality's or county's business licensing agency with documentation of the applicant's lawful presence in the United States; and requires an applicant for a license issued by the Division of Occupational and Professional Licensing to provide the division with an affidavit stating that the applicant is a citizen or lawfully present in the United States."

    This bill would better ensure compliance with federal law.

    The first committe hearing (audio) was held 5 Feb. and raised such specious arguments that it would lead to problems with isssuing library cards and onerous requirements on license issuers (such as showing a valid Driver's License).  There was also a discussion on the the bills relationship to SB81.  The failure of compliance is SB 81 was discussed (for more on compliance)

    It also raised a question on license renewal versus new issuance, the bill was held to clarify the answer.

    A similar bill (HB 262) failed in committee last year by the same representatives by a 5-7-2 vote.

    Thursday, January 21, 2010

    NO AMNESTY Resolution Proposed

    Finally Bipartisan Action we can SUPPORT. Kudos to Jason Chaffetz.

    Reps. Jason Chaffetz and Frank Kratovil Introduce Pro-Enforcement, Anti-Amnesty Resolution
    Thursday, January 21, 2010, 11:36 AM EST - posted on NumbersUSA

    Reps. Kratovil and Chaffetz
    Rep. Jason Chaffetz (R-Utah) has introduced a bi-partisan House Resolution along with Rep. Frank Kratovil (D-Md.) and 20 other House Members that would express the House's intent to:
    1. mandate the nationwide use of E-Verify,
    2. secure the borders, and
    3. prevent any amnesty as part of an immigration reform bill.

    The list of cosponsors for the Bipartisan Reform of Immigration through Defining Good Enforcement Resolution (H.Res.1026) includes:

    • John Barrow (D-Ga.)
      Bobby Bright (D-Ala.)
      Travis Childers (D-Miss.)
      Mike Coffman (R-Colo.)
      John Fleming (R-La.)
      Gregg Harper (R-Miss)
      Duncan Hunter (R-Calif.)
      Lynn Jenkins (R-Kan.)
      Steve Kagen (D-Wis.)
      Blaine Luetkemeyer (R-Mo.)
      Cynthia Lummis (R-Wyo.)

      Patrick Murphy (D-Penn.)
      Glenn Nye (D-Va.)
      Pete Olson (R-Texas)
      Bill Posey (R-Fla.)
      Phil Roe (R-Tenn.)
      Heath Shuler (D-N.C.)
      Gene Taylor (D-Miss.)

    H.Res.1026 reads, in part, as follows:
    Expressing the sense of the House of Representatives that the continued peace, prosperity, liberty, and national security of the United States and its people depend upon the rule of law and credible and effective immigration enforcement policies which both welcome lawful immigrants and non-immigrants and also prevent the unlawful entry or unlawful continuing presence of foreign persons. . . .

    More information can be found on Rep. Chaffetz' website

    Sunday, January 10, 2010

    Here we Go Again AMNESTY!!!

    HR 4321 Selling US Citizenship to (successful, law evading) illegal aliens is rearing its ugly head again!

    For FAIR's analysis Click here

    Bill SUMMARY

    H.R.4321: Comprehensive Immigration Reform for America's Security ...
    Official government data, breaking news and blog coverage, public comments and user community for HR4321 Comprehensive Immigration Reform for America's ...

    Official legislative site: THOMAS (Library of Congress)
    H.R.4321. Comprehensive Immigration Reform ASAP Act of 2009

    Saturday, January 02, 2010

    UFIRE Investigates SB 81 Compliance

    UTAH - A recent Department of Homeland Security list of Utah businesses who had registered to use Everify analyzed by members of UFIRE (Utahns for Immigration Reform and Enforcement) discovered that very few Utah government entities had applied. Everify is the DHS employment verification database designed to minimize the hiring of illegal aliens.

    SB 81, Illegal Immigration, was enacted in 2008, for implementation July 1, 2009. The law required all Utah public (government) employers to register with and use a Status Verification System and award contracts only to companies using such employment verification. Federal law has prohibited hiring of “undocumented” people for many years. The Utah bill simply assisted in bringing enforcement to the state level.

    Noting that Utah School Districts, an easily discovered group on the list, showed less than 30% compliance; an Email was sent to all districts with a GRAMA request for information about why they were not registered and the language being used to comply with the contractor requirements.

    Within 24 hours, five districts responded with information. The first response received was informative: “Prior to reading your email, *** School District was not participating in a status verification system. Upon reviewing the information provided, we have decided to enroll in the E-Verify system and that registration is complete.”
    Gaylan Stewart, UFIRE member wondered, “Why were they not aware of SB 81? Didn't they hear of the two year debate on the issue? Didn't the State Office of Education and the districts' own legal counsel advise them of the requirement?”

    By the end of December, nine additional School Districts have responded to the request stating they had applied for Everify, bringing the compliance total to over 50%. Two compliant Districts sent their contract language which has been forwarded to those districts lacking any rules for contractors.

    An unsolicited Email from the USOE was received stating, ”Just a suggestion from the Utah State Office of Education (USOE)—your list and directives should include the requirement that public charter schools also use everify for their employees. I am certain that most charters schools have never even heard of the process.”
    A response was made that UFIRE was not able to issue directives and USOE was asked if THEY were compliant. To date, no answer has been received.

    Several Utah legislators have been contacted and are aware on the non compliance and are investigating methods of securing compliance.

    Robert Wren, UFIRE Chairman, reports that the investigation is continuing and includes other public entities in addition to school districts. The preliminary report on school district compliance is available at, including all of the email exchanges.

    “There is no excuse for ignoring SB 81. It is a simple procedure that assists in enforcing Federal law prohibiting the employment of 'undocumented' immigrants. More Utah employers should take advantage of the free system, currently just two percent do." said Wren.