Response to HB 116 Email Support

Concerning legalization of illegal aliens in Utah, the sophistry continues unabated  In fact HB116 IS yet another step in the continuing process of legalizing, accepting and promoting (in the state of Utah) the illegal alien, undocumented alien or unauthorized alien (whatever one would like to call them).   The process was begun by the Salt Lake Chamber, the Sutherland Institute and various religious and other pro- illegal pseudo-compassionate organizations and various government entities.

The process has included failure, or reluctance enforce Utah (and federal law) issuing Utah Drivers' Licenses and later Driver Privilege Cards, awarding Instate Tuition, virtually ignoring Official English law, accepting and promoting of certain 'heritages' (over others) and  massive propaganda campaigns through local media in support of illegal immigrants. 
  ***Further Rebuttal comments below ***

On Thu, Jun 16, 2011 at 1:37 PM, xxx (State delegate) ; wrote:  I received this e-mail earlier today. 

Dear Fellow Republicans,

America’s federal immigration system is broken. ***Mainly due to failed enforcement *** This failed federal system has resulted in millions of people being in the US illegally. In spite of this federal dereliction of duty, the federal government mandates that Utah taxpayers PAY FOR the health care, education, and other services required, BY FEDERAL LAW, to be provided to illegal aliens. ***some by courts, some be law, some by Utah law ***This is the largest unfunded federal mandate in the history of our country. ***Making undocumented legal workers in Utah will NOT reduce the costs of educating illegal alien children, it merely institutionalizes the payment for children of 'guest workers' ***

HB 116 stops the defacto amnesty that exists today for illegals as a result of our federal government’s abject, dismal, pathetic failure to address the issue of illegal immigration. ***changing status from undocumented to 'guest' is amnesty or, if preferred, sale of Utah residency *** HB 116 doesn’t regulate immigration, but instead addresses the impacts of over 100,000 people already in Utah illegally. ***and continues or exacerbates the problems for Utah taxpayers and Utah unemployed *** HB 116 provides strong enforcement by assessing a fine up to 10 times the maximum federal penalty (USC 1325) and requires criminal background checks and fingerprinting to enter a database, a practical mechanism to enforce immigration law. ***But only if the illegal choose to 'come out of the shadows *** HB 116 eliminates taxpayer subsidies by requiring illegals to pay for their own health care, pay taxes and obtain insurance. ***and receive amnesty for previous crimes for which they have never been prosecuted (ID theft, employment, etc. *** HB 116 fights crime by funding the prosecution of violent and dangerous criminals. ***Theoretically already being done ***HB 116 penalizes businesses with a “three strikes” law that will revoke an employer’s business or professional license for up to a year. ***unless they are using 'uverify' ***

Below you will find a copy of the Repeal HB 116 and Replace resolution with a line by line rebuttal. Whether you like HB 116 or not, the whereas statements in this resolution don't tell the truth regarding HB 116.
HB 116 is constitutional and does comply with the Republican Party platform. If you wish to see for yourself the actual content of the bill and bill highlights, you may link to it at the web site www.hb116.info.

Sincerely,

Bob Babcock
State Delegate, Precinct 4212

Uphold the Constitution of the United States and Republican Immigration Platforms: Repeal HB116 and Replace

WHEREAS, HB116 violates the Constitution of the United States, which:
HB 116 doesn’t violate the letter or the spirit of the Constitution based on immigration matters, but rather, HB 116 allows Utah to assert its 10^th Amendment Constitutional rights. The only way HB 116 might be considered unconstitutional is if Article 1, Section 8 and the 10^th amendment are considered subservient to federal supremacy and federal pre-emption.  ***There are mixed legal opinion on this issue ***

Delegates powers over immigration to the United States Congress;


The US Constitution delegates “naturalization” and “invasion” to the Federal Government. ***Surely this does not mean that “invasion'” is a function of the federal government ***HB 116 doesn’t attempt to regulate either, but instead regulates illegals who are already here. HB 116 only addresses the impacts of illegals that were ALREADY domiciled in Utah prior to May 10, 2011, that by federal law Utah is not allowed to deport and the federal government refuses to deport. ***However, if federal and state laws were enforced, e.g. everify use – no jobs = self deportation ***

Results in a breach of federal immigration law;


HB 116 won't become effective until July 2013 to allow Utah time to apply for a federal waiver. If the waiver is granted, HB 116 will unequivocally not be a breach of federal immigration law. ***And if the waiver is NOT granted??? ***

WHEREAS, HB116 violates the Utah State Republican Party Immigration Platform, which states:


HB 116 complies with the Utah Republican Platform.

We believe that control of our borders is an urgent national security interest and our national sovereignty depends on those secure borders;


HB 116 has nothing to do with control of our borders. HB 116 deals with the impacts of over 100,000 illegals already here in Utah. Only those with established domicile in Utah prior to May 10, 2011 are eligible.

We oppose illegal immigration and all forms of amnesty, or legal status, for illegal immigrants;


HB 116 has nothing to do with amnesty or legal status for illegal immigrants. ***Would not a Guest Worker Permit change legal status? ***USC 1325) for trespassing into our country. ***and still be illegal in the United States if no waiver is given ***

We believe that the current laws against employing illegal immigrants should be vigorously enforced;


HB 116 vigorously enforces the law by creating a database for those already here illegally. Without a criminal background checks and a database, illegals remain in the shadows, unaccountable for their actions. ***If they have only committed the crime, but have not been arrested, they will be awarded amnesty for an crime committed *** Only by knowing who is here illegally can current laws be vigorously enforced. ***If they have a “criminal” background, would they even apply? ***

WHEREAS, HB116 violates the National Republican Party Immigration Platform, which includes:

***”Immigration policy is a national security issue, for which we have one test: Does it serve the national interest?" Does HB 116 serve the national interest? No, it serves a narrow self-interest within the state of Utah.***
HB 116 complies with the National Republican Party Platform.

Border security is essential to national security;


HB 116 has nothing to do with control of our borders. HB 116 deals with the impacts of over 100,000 people in Utah illegally. Only those with established domicile in Utah prior to May 10, 2011 are eligible.
Enforcement of existing laws;
***Judging from past 'enforcement' of HB 81, HB 251 et al, any enforcement against undocumented workers and/or their employers will be minimal. ***

***HB 116 also gives amnesty for employers who have hired illegal aliens ***
HB 116 vigorously enforces the law by creating a database for illegal immigrants. Without criminal background checks and a database, illegals remain in the shadows, unaccountable for their actions. Only by knowing who is here illegally can current laws be vigorously enforced.***Laws can, and should be, vigorously enforced AGAINST illegal aliens even without a database. ***
Enforcement of the law against those who overstay their visas;

HB 116 vigorously enforces the law by creating a database for illegal immigrants. Without criminal background checks and a database, illegals remain in the shadows, unaccountable for their actions. Only by knowing who is here illegally can current laws be vigorously enforced.***Laws can, and should be, vigorously enforced AGAINST illegal aliens even without a database. How does granted them permission to work in Utah (their probable reason for overstay) penalize them?***
Real consequences, including denial of federal funds, for self-described sanctuary cities, which stand in open defiance of federal and state statutes that prohibit sanctuary policies;


HB 116 inherently prohibits sanctuary cities as it provides law enforcement the tools necessary to prosecute crimes. HB 116 vigorously enforces the law by creating a database for illegal immigrants. Without criminal background checks and a database, illegals remain in the shadows, unaccountable for their actions. Only by knowing who is here illegally can current laws be vigorously enforced.***Any city currently giving sanctuary status (not enforcing existing laws) is given amnesty by HB 116 ***
Prohibition of driver's licenses for illegal aliens and affirmative action through in-state tuition rates to illegal aliens;

HB 116 does not provide a drivers license. HB116 does not provide in-state tuition rates for those here illegally. HB 116 does modify an existing “driving privilege” card to make it more difficult to obtain.
***Utah already IS one of the few states who provide official driving privileges. It, therefore HAS a fairly extensive list of the 'shadow' illegal and does nothing about that status. ***
Opposition to government policies that encourage or reward illegal activity;

HB 116 does not encourage or reward illegal activity. HB 116 contains some of the strongest provisions in the country regarding enforcement of existing laws. HB 116 eliminates taxpayer subsidies for health care, education and other services. HB 116 leads the nation in the fight against crime including identity theft. HB 116 prosecutes non-compliant businesses. Taken as a whole, HB116 is a strong deterrent to illegals coming to or staying in Utah if they have committed any crimes.

***HB 116 absolutely encourages illegals as have many of our current policies. With a Guest Worker family permit an expanded number of illegals (now GW Family) could come to Utah. ***
THEREFORE, BE IT RESOLVED THAT THE UTAH REPUBLICAN PARTY:


Expresses concern that some Republican legislators voted for HB116 and that our Republican Governor signed the act, insomuch as it clearly violates State and National Republican Party Platforms and faces serious Constitutional challenges;

Urges all Utah State Republican Legislators and the Governor to repeal HB116; and ensure that any immigration legislation is fully constitutional and adheres to the principles of the Republican Party Platform.

BE IT FURTHER RESOLVED THAT:

The Utah Republican Party Chair shall deliver printed copies of this Resolution to all state legislators,Governor Herbert, Lt. Governor Bell and Attorney General Shurtleff within 10 days.

***Vote for REPEAL of HB 116 ***