First: The Arizona 2007 Everify Law which was recently affirmed by the Supreme Court, provided many of the items needed to aid in the current illegal alien problem by making it more difficult to ignore hiring laws:
- It required ALL employers to use Everify
- It provided for penalties of suspension, 'probation,' and then possible loss of a business license.
- It allowed citizen complaint with substantial proof of illegal employment to be filed, investigated and, if valid, rectified - with appropriate punishment.
- It indemnified an employer from punishment if Everify had approved the unauthorized alien.
Third: Everify has a very high positive success rate in matching and authorizing employees. Everify can currently only be used for newly HIRED employees, legislation has been proposed to expand it to all employees.
Fourth: Utah law prohibits the hiring of unauthorized aliens, as does federal law. Utah requires ALL public entities to use Everify. Utah requires ALL businesses with more than 15 employees to use Everify.
Fifth: Utah has not complied vary well with either law.
Sixth: I totally agree it is a sad day when we must use force to comply with laws. Regrettably, there ARE employers that use, and abuse, the system to gain unfair advantage by putting cost burden on the taxpayers that may otherwise be paid for by obedient businesses. Some may not believe this but many love the "cheap labor" illegal alien as a profit making ploy. The Salt Lake Chamber is THE biggest proponent of the Utah Guest Worker program
Seventh: There has been a debate over the term "amnesty" in connection with the Utah Guest Worker Permit. For those that are offended by the term, because the illegal alien would be required to pay a fine, I would point out that the fine is far less than the cost to come to the US legally. For those politically sensitive to the term, you may call it simple SALE of Utah residency, to the lowest common denominator.
It should also be mentioned that any employer of current illegal alien who would hire the same person as a "Guest Worker" would receive NO penalty or punishment (AMNESTY) under HB 116 for his non compliance with Utah law.