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.

1 comment:

Anonymous said...

Hopefully the Gov will reconsider the HB 116. I am starting to feel like a lot of other Utah legal Citizens and Residents, that we want to leave Utah.

Apparently our Gov and some of our Representatives, don't care what Utahns want, and what is legal.