Wednesday, March 23, 2011

HB 116 and GRAMA

Utah's HB 116 (Illegal Alien Guest Worker program) is bad legislation and has its own problems.

Many questions are flowing on the Internet facebook and emails about  HB 116 and the GRAMA law (HB 477)   Here's an explanation for those wondering, HB 116 does make a minor change to Grama. (When legislation is written and a change (however minor) is proposed the entire code section is generally provided to provide the context of the change.)

Here is the change:

Line 481 municipality[.]; and

482 (61) a record described in Section 63G-12-210 .

Here's the "fine print" - all NEW law:
885 63G-12-210. Verification of valid permit -- Protected status of information.
* * *

895 (2) Subject to Section 63G-12-212 , a record under this part is a protected record under  Chapter 2, Government Records Access and Management Act, except that a record may not be shared under Section 63G-2-206 , unless:

898 (a) requested by the Office of Legislative Auditor General in accordance with Section 36-12-15 ;

900 (b) disclosed to the State Tax Commission as provided in Subsection 63G-12-203 (2)(e)(vi); or

902 (c) disclosed to a federal government entity in accordance with this part or a waiver, exemption, or authorization described in Section 63G-12-202 .
 * * *

933 63G-12-212. Sharing of information related to enforcement.

934 (1) The department shall provide the notice described in Subsection (2), if the department determines that an undocumented individual:

936 (a) has the undocumented individual's permit revoked; or

937 (b) permits the undocumented individual's permit to expire and the department has reason to believe that the undocumented individual continues to reside in the state.

939 (2) (a) The department shall provide the notice required by Subsection (1) to:

940 (i) Utah's attorney general; and

941 (ii) United States Immigration and Customs Enforcement.

942 (b) The notice described in Subsection (2)(a) shall:

943 (i) include:

944 (A) the last known address of the undocumented individual; and

945 (B) the basis of the notice described in Subsection (1); and

946 (ii) be sent promptly after the day on which the time to appeal, if any, the action that is

947 the basis for the notification under Subsection (1) ends.

If you like a Guest Worker program, this is probably a good code addition - BUT BETTER YET, why not simply apply a similar idea for all DPC holders (illegal aliens) - If you (DPC holder) commit any law infraction (e.g. I-9 perjury, ID theft for employment, et al) your information will be dispensed similarly to ICE.

Tuesday, March 15, 2011

Lane Beattie on Arquette Show

Attempting to justify HB 116, Beattie made a few errors and raised a few question. He said he supported this because 71% of Utahns favor it. That is a recent poll, 3 years ago the Chamber was proposing legalize the illegal, so it is NOT a new idea to them. Check the Chamber website or Salt lake Chamber page.

He also said that most illegals are paying taxes - where does he get that information. The legislative review note for Robles SB 60 indicated that it would create an additiona; $81 million from new taxes - inconsistency.

He also talk about SB 81 (and hinted at SB 251) Everify. The problem is there is NO enforcement, no no penalty. The Majority of the "leaders" appear to be ignoring the law.

There's more, but I'm still trying to find someone to explain violating 8 USC 1324 (which was also included in HB 116) When is someone going to prosecute any of the leaders of this amnesty movement for ENCOURAGING illegals to reside in the state. It is now illegal in the state of Utah, as well as federal law.

What will the Utah AG do about that? (Rhetorical question)

BTW, the petition is still alive.

Governor Herbert fails to listen

That's all I'll say at this time. 
Scroll down the page for more.

Saturday, March 12, 2011

Petition To Veto HB 116

To further encourage Gov. Herbert a new petition has been posted.

Sign the petition

OVER 3,500 Utahns have signed within days
Thank you to all who have signed and will sign.     Time is short!!!

For more infomation, such as Utah Everify Users lists, illegal alien crime list, news articles, UFIRE newsletter subscription. etc. click here to go to UFIRE website,

Sen. Bramble Pontificates on RedMeat Radio

Open letter to Rep. H . . . , Host of KtKK redmeat radio,

Thank you for your attempt (however feeble) to harness the sophistry of, as one of you said - the bulldog, Sen. Bramble. His report was wrong in so many facets.

A few points on the Senator's comments:

  • HB 116 simply proposes to legalize the illegals
  • If they don't like the term "amnesty" how about "sale of Utah residency" for a small fee - (and Utah will even finance that.) HB 116 Line 828 "(ii) one or more payment plans that an undocumented individual may use to pay a fine required under Subsection (4)(a); and"
  • The May 10, 2011 date is not an implementation date, but a date for applying for the guest worker permit. (If it's for those who have been here for a Long time -defacto amnesty, per the Sen. - why not May 10, 2010 or 2001 or. . .)
  • The bill also appears to be an amnesty for those employers who currently have illegal employees.
  • As far as "Utah can't round them up and deport them" - Mexico has been very successful in "deporting" umpteen million unemployed workers to the US).
  • If we truly want to "solve" the illegal alien problem "Attrition Through Enforcement" works. Not the SL Chamber idea.
  • If the DPC is about auto insurance, why don't they require proof when applying for the DPC? (Insurance is actually on the CAR, not the driver.)
There is an online petition  now available, that has gathered 3,500 signatures - so far, in 3 DAYS - calling for a veto of HB 116. That will soon surpass the signatures on the vaunted Utah Compact - in over 4 MONTHS.

Wednesday, March 09, 2011

Utah AG Shurtleff Lobbying for Utah Amnesty

Utah AG is reportedly in DC lobbying for the Utah style AMNESTY (which is supposedly based on the Utah Compact).  This is being done even before the bill (HB 116), based on the Compact is signed by the Governor.

He must be doing this on his own time (and money) because is AG job mission says nothing about lobbying and testifying about legislation.  
Notice also the mission and duties of the Utah AG refer ONLY to citizens!!   
"The mission of the Office of the Utah Attorney General is to uphold the constitutions of the United States and of Utah, enforce the law, provide counsel to state agencies and public officials, to work with law enforcement and protect the interests of Utah, its people, environment and resources.
With our team of highly qualified attorneys, investigators and staff members, we ensure the law is upheld and the rights of all citizens – no matter how young or old – are preserved. We especially focus on protecting children. We also make every effort to educate the public about safety, justice, liberty and equal opportunity.
As we see it, it is our duty to diligently work with integrity every day to fulfill these responsibilities as we serve the citizens of Utah. That is our entire focus. That is our mission."

How does encouraging 'unauthorized aliens' to reside in Utah coincide with 8 USC 1324?

Monday, March 07, 2011

An Open Letter to Gov. Herbert to VETO HB 116

This bill will accomplish essentially nothing in solving the illegal alien problem in the State of Utah and violates many of your "six guiding principles," the Utah Compact,and, even, federal law and the US Constitution, according to the Legislative Review Note,  "there is a high probability that a court would find that portions of this bill as unconstitutional because they are preempted by federal law as applied through the Supremacy Clause of the Constitution of the United States."
Legalization of illegal aliens currently in Utah as Guest Workers is anathema to any sense of fairness or respect for the law. 
Additionally, here are a few more comments on the bill, with reason that it should NOT become law.
  • It rewards illegal behavior by granting Guest Worker permits, thus encouraging more bad behavior.
  • The bill basically rewards unauthorized aliens to the detriment of Utah taxpayers who pay continue to pay their costs, estimated by F.A.I.R. at $453,000,000 annually and by Utah legislative audit at $50 to $85 million for K-12 education alone. 
  • It allows ONLY unauthorized aliens temporary resident status as guest workers.
  • It even allows illegal alien to come to Utah until May 10 to partake of the pending legalization benefits. 
  • It does not restrict previous unauthorized alien residents from returning to Utah to become guest workers.
  • It effectively delays ANY effective enforcement action for at least two years.
  • There were other proposals for proper Guest Worker program allowing application from their home countries. 
  • The fiscal note is internally inconsistent.
  • The bill eliminates the current Public employer verification requirements (SB 81).
  • It provides for more potential alien students to qualify for instate tuition in 2013, in further violation of the provision "If allowed  under federal law" predicated on the passage of the failed Dream Act.
  • It provides no accountability for employers who currently, or for the next two years, continue to employ unauthorized aliens.
  • By allowing the status quo for two years, it does nothing to help reduce the Utah unemployment rate, or return vacancies to many of the jobs once held by Utah teenagers.
  • While it does create a victims recovery fund, it does virtually nothing to stem the increasing tide of identity theft in Utah.
  • The bill violates 8 USC 1324 at the same time it adds those same provision to Utah law. "(2) It is unlawful for a person to: . . . (c) encourage or induce an alien to come to, enter, or reside in this state, knowing or in reckless disregard of the fact that the alien's coming to, entry, or residence is or will be in violation of law;"  
It seems quite obvious that 'persons' in Utah, through this proposed legislation, are encouraging alien to reside in Utah and "know . . .that the alien's . . . residence is . . . in violation of law."  In fact, the 2013 implementation date virtually guarantees at least a continuing two year plus term of quasi-legal residency.
As a fellow Republican, I would also remind you that this proposal is  also counter to both the Utah GOP Platform on Immigration AND the Republican National Platform.