Grand America Caught in DHS Audit

The Grand America Hotel is an excellent example of the need for Everify and the protection it can afford both businesses AND employees. 

Utah Law requires all businesses, with over 15 Employees, to use Everify and both federal and state law prohibit the hiring of “unauthorized aliens.” Regrettably, no penalties were attached for noncompliance in Utah, but its use might have provided some escape from punishment if it had been used.  

According to the SL Tribune article, the five-star Salt Lake hotel in a DHS audit showed that the hotel could NOT “provide legal documentation to work in the United States.“ 

The Deseret News report stated “DHS determined that some hotel employees did not have valid documentation to work in the United States even though they had presented facially valid documents when they were hired.” 

No further explanation was given, but it is well known the the State of Utah issued Driver's License to illegal aliens for several years before changing “Driver Privilege Cards."   Both documents might be considered "facially valid documents" as they are official Utah Photo "identification" cards, which are not supposed to be used for identification. 

Apparently, the Hotel may have been using the I-9 form which requires NO verification by the employer when hiring.  The Tribune article reports that "The documentation of all new hires is checked against federal databases under the E-Verify system."  The Grand America Hotel was not found on UFIRE's  DHS provided Utah E-Verify users databases

through June 2011.  The use of E-Verify in Utah was mandated beginning July 2010

A later database showed they finally signed up for E-Verify in July around the time of a controversial protest over "the Grand America Hotel’s attack on immigrants."

According to this article "The Grand America Hotel bosses set a July 6 deadline for all of the employees. The bosses require that all workers reapply and either show the necessary documentation or face immediate termination. However, the bosses extended this deadline one month, to Aug. 6 in order to ensure staffing at the Governors’ Conference."



Utah Valley University Revolutionary Students Union said, “Defending workers, especially those who are immigrants is a top priority. Grand America is attacking the right to receive a living wage and enforcing racist systems of verification. An attack on one worker is an attack on all of us.”

After the DHS audit, a total of over 100 undocumented employees lost their jobs because of lack of  proof of legal status.  Nothing has been reporting concerning replacements, but as of the end of July there were 41,290 unemployed people in Salt Lake County. 

Although the Hotel association reported a $12 wage for the hotel jobs, Workforces Services has several listed a $8.25/hr.

 

Grand America Hotel is a GOLD member of the Salt Lake Chamber of Commerce which was the primary proponent of the Utah Guest Worker Permit (HB 116) which attempts to “legalize the illegal” or in their words

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

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.  

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.

UFIRE Investigates SB 81 Compliance

In a recent list of Utah businesses who had registered to use Everify, members of UFIRE discovered that very few Utah government entities had applied. Everify is the Department of Homeland Securities 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 employers to register with and use a Status Verification System and to only make contracts with companies using such employment verification.

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

Within less than 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.”

“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?”

Two weeks after the query was sent, nine additional School Districts have 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 to ask USOE 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.

The investigation is continuing and includes other public entities in addition to school districts. The complete report on school district SB 81 compliance is available online.

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.

UTAH GOP on employer verification

The Utah Republican Party recently weighed in on the illegal alien issue by overwhelmingly passing a Resolution calling for Employment verification to support employment of Utah's legal residents at a recent State Central Committee meeting.

The GOP resolution supported a unanimously passed Utah House 'joint' resolution (HJR 25) which died on the Senate calendar at the time deadline closing the 2009 legislative session.

Resolution on Employment Verification

• WHEREAS, we the State Central Committee of the Utah Republican Party, are fully supportive of the employment of Utah's legal employees, and
• WHEREAS, we fully support the Republican National Committee Platform on immigration: "Our commitment to the rule of law means smarter enforcement at the workplace, against illegal workers and lawbreaking employers alike, along with those who practice identity theft and traffic in fraudulent documents. As long as jobs are available in the United States, economic incentives to enter illegally will persist. But we must empower employers so they can know with confidence that those they hire are permitted to work."
• WHEREAS, we support resolution HJR 25 which was passed unanimously by the Utah House on February 27, 2009,
• To wit:
• "Be it resolved by the Legislature of the state of Utah:
• WHEREAS, the economies of America and Utah are facing unprecedented challenges;
• WHEREAS, in December 2008, unemployment in Utah was 48% higher than in December 2007, and the rate is projected to increase significantly in the coming months;
• WHEREAS, Utah employers who violate federal employment laws by hiring persons who are unauthorized to work in the United States place an undue economic burden on Utah employers who attempt to hire only persons who are authorized to work in the United States;
• WHEREAS, certain Utah employers use unauthorized workers to create an unfair competitive advantage over competing employers by shifting their burden to taxpayers and citizens through the avoidance of payroll taxes, neglecting to withhold income taxes, failing to provide health insurance coverage, hiring employees using fraudulent documents and stolen identities, and ignoring workers' compensation insurance requirements;
• WHEREAS, thousands of authorized Utah workers are losing their jobs while unauthorized workers continue to be employed and to compete for jobs with Utah citizens and legal residents;
• WHEREAS, legal immigrants, who have made great sacrifices to follow the law, often suffer the most from these unauthorized workers and must wait longer to bring their family members to this country
• WHEREAS, unauthorized workers are more likely to suffer exploitation and unfair treatment by employers who pay substandard wages, fail to compensate overtime, fail to comply with recognized industry safety standards, and deny payment for work done;
• WHEREAS, 1,626 Utah companies were found to be paying salaries to individuals with Social Security numbers of Utah children under age 13; and
• WHEREAS, Utah employers have expressed their desire to have a legal workforce and their willingness to confirm worker status
• NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah urges employers in Utah to take all steps possible to verify the documentation of an employee's legal status to ensure that they preserve the jobs of American citizens and legal residents, protect Utah employers who comply with state and federal employment laws, control job-related identity theft, and ensure that the economy and taxpayers of Utah are not unduly burdened when unauthorized workers are employed and their status exploited.
• BE IT FURTHER RESOLVED that a copy of this resolution be sent to each of Utah's Chambers of Commerce, the Utah Labor Commission, and the Utah Department of Workforce Services." (End HJR25)
• THEREFORE, BE IT RESOLVED that this State Central Committee fully endorses this resolution,
• BE IT FURTHER RESOLVED that this resolution be also sent to all Republican members of the Utah Legislature, and Utah members of the US Congress.

2009 Legislation Watch

Some Bills to watch on Illegal Immigration:

Remember Official English??

In the effort to accommodate illegal aliens, many in Utah seem to have forgotten the Official English law passed 2-1 by the citizens of Utah voting on the Initiative in 2000.

What in this Utah law requires, or allows, any state agency to print ANYTHING in Spanish, or any other language, offering participation in a government program (perhaps federal law??)

"¡Bienvenido! Aplicar por internet es la manera mas rápido y sencillo saber si califica para CHIP, PCN, oUPP.."

Are these documents "required" by public health and, if so, why, and by whom?

Is "law enforcement" requiring the Drivers License division to print this manual? Manual del conductor del estado de Utah (2008)
Is the Utah Geological Survey Preguntas comunes acerca de Gran Lago Salado de Utah y de antiguo Lago Boneville expending state funds in violation of section (6) below.

63G-1-201. Official state language.

• (1) English is declared to be the official language of Utah.
• (2) As the official language of this State, the English language is the sole language of the government, except as otherwise provided in this section.
• (3) Except as provided in Subsection (4), all official documents, transactions, proceedings, meetings, or publications issued, conducted, or regulated by, on behalf of, or representing the state and its political subdivisions shall be in English.
• (4) Languages other than English may be used when required:
• (a) by the United States Constitution, the Utah State Constitution, federal law, or federal regulation;
• (b) by law enforcement or public health and safety needs;
• (c) by public and higher education systems according to rules made by the State Board of Education and the State Board of Regents to comply with Subsection (5);
• (d) in judicial proceedings, when necessary to insure that justice is served;
• (e) to promote and encourage tourism and economic development, including the hosting of international events such as the Olympics; and
• (f) by libraries to:
• (i) collect and promote foreign language materials; and
• (ii) provide foreign language services and activities.
• (5) The State Board of Education and the State Board of Regents shall make rules governing the use of foreign languages in the public and higher education systems that promote the following principles:
• (a) non-English speaking children and adults should become able to read, write, and understand English as quickly as possible;
• (b) foreign language instruction should be encouraged;
• (c) formal and informal programs in English as a Second Language should be initiated, continued, and expanded; and
• (d) public schools should establish communication with non-English speaking parents of children within their systems, using a means designed to maximize understanding when necessary, while encouraging those parents who do not speak English to become more proficient in English.
• (6) Unless exempted by Subsection (4), all state funds appropriated or designated for the printing or translation of materials or the provision of services or information in a language other than English shall be returned to the General Fund.
• (a) Each state agency that has state funds appropriated or designated for the printing or translation of materials or the provision of services or information in a language other than English shall:
• (i) notify the Division of Finance that those monies exist and the amount of those monies; and
• (ii) return those monies to the Division of Finance.
• (b) The Division of Finance shall account for those monies and inform the Legislature of the existence and amount of those monies at the beginning of the Legislature's annual general session.
• (c) The Legislature may appropriate any monies received under this section to the State School Board for use in English as a Second Language programs.
• (7) Nothing in this section affects the ability of government employees, private businesses, non-profit organizations, or private individuals to exercise their rights under:
• (a) the First Amendment of the United States Constitution; and
• (b) Utah Constitution, Article 1, Sections 1 and 15.
• (8) If any provision of this section, or the application of any such provision to any person or circumstance, is held invalid, the remainder of this act shall be given effect without the invalid provision or application.

2009 Legislative Session in January

The upcoming session of the Utah legislature should remind everyone of the continuing need for legislation stemming illegal immigration in the state (SB 81 was a good start). At a minimum, two issues need to be rectified - Instate Tuition and Driver Privilege Cards.

Hopefully, legislators (and voters) will remember last year's Press Release on the subject:

*****PRESS RELEASE*****
For questions contact Rep. Carl Wimmer 801-608-4763
Key Utah Legislators oppose The Border Security and Immigration Reform Act of 2007

As Legislators in the Utah House of Representatives we stand together to call upon our Senate and Congressional delegation to oppose the Border Security and Immigration Reform Act which the senate will be hearing this week.

This so-called "Immigration Reform" highlights the failure of our federal government, to protect our sovereign rights as a country. Instead of enforcing the current laws passed by Congress and signed in 1996, the current Congress seems determined to vote on new laws that will most likely not be enforced. It is truly government at its worst.

Unfortunately Congress is too often willing to accept poor law simply because there are a few quality compromises within it. In this comprehensive and lengthy bill, Title’s I, II and III are outstanding pieces of legislation and completely worthy of support. These titles deal with the realities of the situation at hand and would increase the enforcement of our current laws. They would clearly create greater security for our country but unfortunately the bills up side end in Title III.

With the sole exceptions of the above three titles, the Border Security and Immigration Reform Act is nothing more than an all out blanket amnesty bill. The law is aimed at giving a complete, quick and lawful status to those who have broken our country’s law’s, does the rule of law mean nothing anymore?

We reject such amnesty, as a reward for those who have lied, cheated and broken the rules to get into our country. Such a plan gives preference to those who have violated the law over those who have followed the law and patiently await legal entrance into the United States. The message we are sending is that if you break the law you will be rewarded.

As Utah legislators, we must continually deal with the complete and utter failure of the federal government to secure our borders and enforce our current laws. It is incomprehensible that Congress would propose another amnesty plan after the dismal failure of the 1986 amnesty that has helped lead us to this point.

A recent estimation in regards to the cost of amnesty and earned citizenship for just 7.9 million amnesty recipients would be $2.4 trillion, a cost that must be born by the American taxpayer. It is unconscionable that any legislator could vote for a measure of this magnitude without knowing and debating all the costs involved.

The Border Security and Immigration Reform Act has a few quality ideas which may help alleviate the current immigration problem, unfortunately most of the bill is corrupted with ideas such as amnesty and rewarding those who blatantly broke our laws. If this bill passes, we will never again be able to say to our children and grand-children that cheaters never win. It is our belief that no responsible elected official would consider voting for this fraud which is being offered as "comprehensive reform" in the U.S Senate.

Rep. Carl Wimmer
Rep. Greg Hughes
Rep. Ken Sumsion
Rep. Keith Grover
Rep. Curtis Oda
Rep. Glenn Donnelson
Rep. Chris Herrod
Rep. Steve Sandstrom
Rep. Mike Morley
Rep. Brad Daw
Rep. Aaron Tilton

Immigration Reform - or ENFORCEMENT?

The Utah Legislature’s Interim Immigration Committee will finish its series of hearings this week designed to discuss and consider issues concerning unauthorized or illegal immigrants in the State of Utah. Apparently efforts are being launched to further weaken, or repeal, the omnibus immigration bill SB 81, which offers some reasonable solutions toward enforcement of existing federal immigration law.

Let’s review a few recent happenings in the immigration news.

• Last week, a study was released by FAIR on the cost to taxpayers for our neighbors in Colorado. That cost is estimated at approximately $1.1 Billion annually.
• The Texas Legislature also issued a report declaring that in healthcare, alone, of illegal residents of Texas "cost the Texas government (meaning taxpayers) and local hospital districts $678 million in a year." (Fort Worth Star Telegram).
• Locally, Kraftmaid laid off 813 in Utah, Bally’s closed, Rio Tinto (Kennecott) announced layoffs, construction employment is reported down in Utah by the thousands. Nationally unemployment claims are increasing.
• On the legal front, an Appeals Court in California declared Instate Tuition for illegal aliens unconstitutional and decreed all US citizens paying Non Resident tuition should have the difference refunded. Based on residency/school attendance, the California law is similar to the Utah law. There were many warnings given that this concept was in violation of Federal law. Utah will continuing to be subject to tremendous potential liability for millions of tax (education) dollars to those paying nonresident tuition.
  The crux of that federal law is "an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State (or a political subdivision) for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit (in no less an amount, duration, and scope) without regard to whether the citizen or national is such a resident."
• From Arizona, in October, the Maricopa County Attorney released a report which stated "an analysis of all defendants sentenced for felonies in 2007 in Maricopa County Superior Court shows 18.7% to be in the United states illegally." It further reports that illegal immigrants account for 9% of the total population but 16% of violent crimes, 18% of property crimes, 33% of drug crimes and 85% of criminal impersonation or false ID and 96% of human smuggling.

There are effectively two predominant Federal laws concerning immigration that Utah has trouble complying with. First, it is unlawful to EMPLOY an illegal alien. (US Code Title 8, sec 1324a) Second, it is unlawful to aid, abet or encourage an alien to reside on this country (US Code Title 8, sec 1324).
Utah has enacted a Driver Privilege Card, designed specifically foe undocumented immigrants, in can be obtained by simply using two documents as identification, a Matricula Consular card and an ITIN. The Matricula is issued by the Mexican Consulate, the ITIN (Individual Taxpayer Identification Number) is issued by the IRS. An application for an ITIN does not verify identity and is not to be used for identification, according to the IRS.
The supporters of undocumented workers apparently now want to "kill" SB 81 and substitute either a study of the costs of illegal aliens or try to obtain a waiver from the federal government to allow a guest worker program for the State of Utah. This proposal seems designed to accommodate the CURRENT illegal population, NOT to offer compassion to the millions who would love to enjoy the fruits of their labor in jobs now held by illegal aliens, if there will be any left after more unemployment occurs in the midst of this economic recession.

While mentioning health care cost, the proposal ignores education costs which a Utah Legislative audit estimated at a minimum $55 to $97 million three years ago. The 2006 Mexican Consulate sponsored study by the University of Utah stated "Hispanic students will become an ever larger share of Utah’’s students in coming years. In 2001-2002, Hispanics accounted for 5.2% of Utah’’s high school graduates (WICHE, 2003). Given current school enrollments, in 2011-2012 they will account for 14.9% of the graduates, and by 2017-2018 that share will rise to almost 24%."

Census reports confirm this and show large increases in the Hispanic population in Utah, above 25% in many locations and a large general increase in the Hispanic population. It is generally acknowledged a preponderance of illegal immigration comes from south of the border. A student body of merely six percent would indicate an annual cost of $240 million out of the $4 billion school budget.

Immigration Reform (amnesty) may be forthcoming from the federal government. Hopefully, enforcement and economics may cause some reduction in numbers before that happens. If we choose to attempt the guest worker route, we should at least encourage a resolution of the birthright citizenship fallacy. Most countries require at least one citizen parent.
A national Guest Worker program for new workers may a better choice than amnesty (or sale of US citizenship to those who have successfully evaded the law) but it, too, could reward illegal action and behavior. A timely implementation of a strengthened SB 81 will assist in attrition through enforcement AND help to balance Utah’s budget and lower tax burdens.

SL Chamber proposes permanent "guests"

The SLC Chamber plan proposes to make Utah's illegal aliens permanent "guest workers."

"This plan will allow for Utahns to deal with this population in a fair manner by giving each undocumented immigrant an opportunity to be classified as a guest worker and receive a two-year immigration benefit that has the possibility of being renewed."

Note also that that there is no mention of (the elimination of) Birthright Citizenship or covering EDUCATION Costs required by a 1985 Supreme Court decision.

While (marginally) better than offering a "Pathway to Citizenship," the proposal does offer virtually permanent residency through renewals.

Question: Does the illegal get priority for the job at the end of 2 years?

There appears to be NO requirement to ever leave the country as long as there is employment.
Will they be eligible for unemployment benefits, welfare payment, food stamps, or other "benefits?"

The policy of hiring citizens first, as noted in the SLTribune "Guest workers could only fill positions that no qualified U.S. worker wanted." is buried within the comment that "no eligible domestic workers have been identified for the position."

Further the DNews reports, suggests this proposal will cause a LARGE INFLUX of illegals:
"An outline of the plan Smith distributed to lawmakers said the enhanced law enforcement efforts would be necessary to stem a possible "large influx of undocumented workers who may be attracted to Utah's new program."

If enhanced law enforcement will be required, why not just enforce the current law, then create a guest worker program for those millions who are patiently waiting to come to our fair country?

The proposal suggests that "if individuals have a criminal history that includes any felony or other serious offense (yet to be determined), that individual will not be eligible for this program." If the illegal alien / undocumented worker is now working here haven't they already commited the crime of illegal entry and, probably, ID theft or fraud to obtain a job?

While providing lip service to hiring actual foreigners (living outside the US) the plan is definitely oriented towards the illegals now within the State of Utah. "The key issues that must be addressed include . . . Utah’s current undocumented population and its affect on resources"

This proposal may be the key that will be used to delay implementation of SB81 provisions while waiting for DC to allow the waiver, while DC works on AMNESTY (or sale of citizenship to those who ahve successfully evaded the law long enough.

I believe Sen. Howard Stephenson called the plan "brilliant" on the "redmeat" radio program. Click here for a one hour dissertation on the proposal (it does have fast forward seek capability.

Driver Privilege Card Audit

Utah study verifies that Driver Privilege Cards are issued to illegal aliens. This seems to be a criminal violation of 8 USC 1324(a)(1)(A)(iv) "Any person who— encourages or induces an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law shall be punished as provided in subparagraph (B). "

Earlier this year the Utah Legislature received a "Follow-Up of Sample Matching Driving Privilege (DP) Cards to Vehicle Insurance" reporting on the 'success' of the Driving Privilege Card for illegal aliens.
The report indicates that 76% of DP holders have auto insurance as compared to 82% of regular license holders. (The 2005 Original Audit did not discuss insurance compliance, it DID discuss VOTING by holders of ITIN issued licenses)

According to the IRS : "ITINs are not valid identification outside the tax system. Since ITINs are strictly for tax processing, IRS does not apply the same standards as agencies that provide genuine identity certification.ITIN applicants are not required to apply in person, and IRS does not further validate the authenticity of identity documents. ITINs do not prove identity outside the Federal tax system, and should not be offered or accepted as identification for non-tax purposes." (Whether taxes are actually PAID is another question) - "ITINs are for federal income tax purposes only. Getting an ITIN does not change your immigration status or your right to work in the United States."

The report says "It is interesting to note that the driving privilege cardholders have
increased by 39 percent in a two-year period from about 25,000 in 2005 to 34,799 at year-end 2007." This compares to 58,000 driver's licenses issued previously to ITIN users (illegals) before DP's. However, "98.3 percent are coded in the Driver License Division’s database as being obtained by ITIN (34,193 DP cards). The remaining 606 DP cards are coded as “legal presence” (1.7 percent of total DP cards), meaning the DP cards were obtained through documents supporting legal presence." Which can be concluded to mean that the remaining are, in all likelihood, ILLEGALLY present and are being "encourage(d) . . . to come to, enter, or reside in the United States, knowing , , , that such coming to, entry, or residence is . . . in violation of law."

This is, of course, merely a continuation of the previous policy of issuing actual Drivers License to illegal aliens - as reported in the study: "In 2005, there were 37,000 ID cards issued to persons who appeared to be undocumented aliens." The report further states "there were 40,992 driving privilege (DP) cards issued as of December 31, 2007."

Interim Immigration Committee Meeting

FWIW, notes of the meeting today (very rough) Do NOT expect this to be a totally accurate report, I'm neither a steno or a secretary, many comments may reflect my biased hearing. (asides: are my comments) Recording of meeting available online

(~26min) = approx. time on recording ?name = question by committee members.

Net result: AG Shurtleff and US Atty Tolman say Utah is not a sanctuary state (except for those quietly 'working' at jobs Americans won't do) and doing well in prosecuting illegal alien criminals (those merely working are not 'criminals,' but merely have an illegal presence, which is NOT prosecutable except in the State of entry. Overstay of visa is NOT a felony, or a misdemeanor (?) but a civil offense)

Good questions asked by committee members - mainly Hickman, Donnelson and Madsen.

With this emphasis on the inability to prosecute illegals and deport, additional emphasis must be placed on employment verification and denial of benefits while continuing to arrest those committing "real" crime.

Future committee meetings will be at other locations -
Next meeting 6/19 in Cache County (USU) .
If you would like to testify, contact Art Hunsaker

1:00 1. Committee Business
• Call to order
• Introductions
• Review committee responsibilities established by the Legislative Management Committee

1:10 2. Utah Attorney General's Office
• Mark Shurtleff, Attorney General

Congress has NOT addressed the problem. Received lots of emails - If US does not enforce state should. I believe in separation of powers, we do not have authority to enforce federal law. Thanks for the bill creating the task force. (aside: there was no bill) We enforce state laws.

SB 81 MOU requirement - mandate to go forward. We worry about illegals who commit other crimes (state). ID theft problem, we are working on it. Document mills busted by task force last year. Not enough resources. ICE underfunded. First state in nation working with HUD - mortgage fraud against illegals, 100's damaged credit. Save the Children program - ID stolen by those looking for a job. 2,000 letters sent from Workforce Services over fake numbers; no enforcement. Until law changed they couldn't advise SSN owners, new law allowed penalties. Hold companies responsibility.

ID theft program in Utah - Problem with MOU - ICE can (does) not enforce problems against simple illegals.
?Donnelson (acting chair) asks How long allowed for ICE to pick up. AG: depends on local jurisdiction - ONE HOUR ??? ICE will not come to Utah to train 3 yrs waiting list. AG: (287g) doesn't say to be recognized training is required, written cert. only needed. Negotiating requirements. I'd rather not enforce immigration law. ??? Statute says if we provide ability, they can certify. AG: if locals want 287g, use it (~26min) ?Hickman legislature needs to properly fund enforcement. ?Donnelson ICE did have regional training. ?Romero State has been involved ID theft Thanks 3 yr for training? AG: I don't know ?Donnelson what prevents Utah from putting them on the bus? AG: Due process Constitution protects them. ?D What if they admit being illegal AAG: we can not deport. ?Madsen You are looking for $600K for task force, what is the cost of ID theft to society? AG: $millions in mortgage fraud (~ 35 min) 1,000's of children, perhaps 10K ?Madsen $38K in cash in raid - are there orgs that keep * * * DPC back out in an hour had lots of resources to get out AG sheriffs saying ICE not picking ?? Authority is Fed are we working with Fed in 24 hrs out - county jail problem SLCo biggest problem, most arrests one hour let 'em go. 24 hrs if ICE hold. Children who are citizens, what happens to them. AG I don't know the answer. ?Donnelson sanctuary city why not just send them out AG we'll be sued. ACLU ?? Data to obtain - what source AG I'll talk to SLCo I don't know if they have the info. ?? Is there anyway to know how long they are kept? AG I'm sure they would know. nature of overcrowding. ?? Is arrestee always determine illegal status? AG under new law SB 81 they will be. AAG we need add'l help ($$) AG we don't want to be ICE agents, most victims are other "undocuments" if deputies are enforcers we lose ability to get info.
• Wade Farraway, Assistant Attorney General, Medicaid Fraud Unit

1:50 3. United States Attorney's Office
• Brett L. Tolman, United States Attorney, District of Utah (~48 min) Thank you for listening. Fed needs to do something. work with FED and state. Bret Parkinson from atty officehere. 25% of cases involve illegals, not incl drugs, etc. Debate is UT suffering more from plague of illegals; no, we are more agressive. Many colleagues have more problems. Debate (blogs) often educated. Types of cases (Fed crimes): not prosecutable for simply being here. Only at the border they cross, not a continuing crime. Re-entry IS prosecutable. Illegal committing crime can get plea bargain for 364 days = not prosecutable as aggravated re-entry. ?Hickman Are you suggesting that if entry illegal they can only be prosecuted in the state of entry? Att: Must be prosecuted in the state they crossed.
(~56 min) ?Hickman: A person here illegally where there are illegal That's NUTS. Att: Solace - court may change that interpretation. only re-entry now. ?Hick I would hope you would express our frustation.. ?Noel: SB81 says foreign national = flight risk, (Madsen's example) Is that legal. Atty: depends on court. I can't comment on your legislation due to separation of powers. resources lacking. pushing for office in StG Cases that are being prosecuted: Re-entry, Harboring, Transport code1324 facilitators code 1203 hostage taking 8:1324c marriage fraud 1542 ID theft

(~1:06min) prosecutions one man with 8 aliases, not 8 individuals. Worksite enforcement, very difficult to do. Need to investigate facilitators and vendors, not just employers Corporation itself must be analyzed. Human side, children may be citizens. recent examples thousands of individual.. ? Dee: We understand you are partner but may not like the fed action. trial balloon on contracting oxbow jail; we need to be proactive be after criminals, not workers. (aside: we need to stop all ilegals, the criminals hide in the massive numbers of workers) Would that help? Att: we need ICE retention facility Hatch and Bennett working on it It may be helpful. ?Madsen: Should we force another more rational jurisdiction to make a decision on illegal presence. Att: we try to work together as US attys to be consistent
(~1:24) Not prosecuting illegal presence, but your officials are doing phemonemally even without 287g. ?? UT perceived as sanctuary - drug dealers coming here. Att: no validity of sanctuary, we have stopped them running through UT. There have been individuals using teens in BLM land to grow marijuana. Large % of meth coming from Mexico. ?Romero frustation with fed, big proponent of this committee. This is not a sanctuary state (aside:only for illegal workers, our problem is still accepting the undocumented) ?Donn who deports? Att: ICE ?Donn ICE doesn't make too many arrests Att: they are reactive to locals who make arrests. ?Donn ICE agent said it is implied a sanctuary att: because it is not a border state. dangerous because we are aggressive. ? can ICE deport wihout US Att Att yes, but not normally ? do you deal with employers att: we have learned of illegal practices of corporations
(~1:37) ? you don't actively pursue employers att: mainly through referrals. ?Hickman of 2500 deported in 2007 how many have returned? att: difficult to guess, ? we do not know because they need to violate another law. (aside: 2,500 out of 100,000+ present in UT) ?Hick congressional liaison committee, is it working att: legislative affairs comm. could change illegal presence prosecution ?Clark After you explained illegal presence, how can we correct it? How can we work together to solve the illegal alien problem. att: knee jerk reactions, this study is refreshing study, training, resources ($$), valiantly led by AG, cooperation, recognize you are further along than others. ?? Will more money solve the problem? att: define the problem "we have a handle on crime- NYC" (aside: we may solve the HARD CRIME problem, but not the soft crime) ? ? Do we have the resources to determine illegality, are we integrated? Att: No, not like CSI we need a database. ICE will respond to calls. (aside: someone needs to ask about EVerify) ?Romero How many ICE agents att: 25-30 pushing for more. (Aside: Washington Co new law) Because of aggessive nature of our office we don't need more ? Hickman: Can we prosecute overstays? att: different category, not even a misdemeanor http://www.immigrationprocon.org/questions/illegalimmigrationcrimefelony.html
(~1:58) Info ICE was asked and will not testify

2:40 4. Federal Immigration Law, State Regulation, and 50-state Experience
• Ann Morse, Program Director, Immigrant Policy Project, National Conference of State Legislatures Eligibility for benefits see presentations http://www.ncsl.org/print/immig/2007Immigrationfinal.pdf
http://www.le.state.ut.us/interim/2008/pdf/00000883.pdf
Q & A (~2:20) Do you have a current economic study - are illegals beneficial or detrimental depends on the economic study. ? Hickman: we need some facts. not 1997 data Morse: many diverse studies, answers not clear. ? Hickman to committee we looked primarily at AZ law (aside, I though OK) error corrected we need to study AZ law. ?Hansen When were latest figures Morse: 2006 ?Romero 2 yr backlog in processing green card. Morse: 1.6 million farm workers 50 to 80% illegals. ?Donn: new tourists up 35 million internationally worldwide down 3 million to US. Brazil takes150 days for appt for visa.

3:45 5. Other Items / Adjourn

Wrap Up on Legislative Actions

Contrary to the 2002 resounding cheers of "Viva Mexico" over the passage of In-state Tuition for illegal aliens, the 2008 Legislative session came to a relatively quiet close today.

In a final analysis, a few successes can be claimed - as compared to previous years.

The GOOD news:

• SB 52, Identity Theft Amendment, SB 81, Illegal Immigration, HB 86, Funding of Inmate Postsecondary Education, HB 339, Human Trafficking Amendments PASSED both houses.
• HB 95, HB 98, HB 237, HB 239, HB 241, HB 257, Employee Verification, passed the House
• SB 97, Immigration Task Force, was replaced by HB 490, Legislative Task Forces and Study Priorities which subsequently died on the House Concurrence calendar.
  
• There are now more voting records by which legislator's actions might be judged.
  

The BAD news:

• SB 81 implementation was delayed a full year
• HB 95, Document Fraud, HB 98, Utah Employment Verification Act, HB 237, Illegal Immigration Enforcement Act, HB 239, Driver License Qualification Amendments, HB 241, Repeal of Exemptions from Nonresident Tuition, HB 257, Employee Verification, DIED in the SENATE
• SB 210 Proof of Citizenship Required to Vote; died circled on the Senate 3rd Reading calendar.
  

2008 Utah Legislation

Bills possibly affecting illegal immigration

			Passed
HB0026	Notary Public Revisions	Donnelson, G.	HOUSE
HB0095	Document Fraud - Establishing Legal Status	Morgan, K.	HOUSE
HB0098	Utah Employment Verification Act	Donnelson, G.	HOUSE
HB0237	Illegal Immigration Enforcement Act	Donnelson, G.	HOUSE
HB0239	Driver License Qualification Amendments	Donnelson, G.	HOUSE
HB0241	Repeal of Exemptions from Nonresident Tuition	Donnelson, G.	HOUSE
HB0257	Employee Verification	Herrod, C.	HOUSE
HB0262	Recovery of Federal Reimbursement for Costs Associated with Illegal Immigrants	Morgan, K.	HOUSE
HB0285	Licensing Eligibility	Sandstrom, S.
HB0302	Citizenship Determination of Incarcerated Individuals	Sandstrom, S.
HJR001	Resolution Addressing International Trade Issues	Allen, S.	HOUSE
SB0052	Identity Theft Amendment	Walker, C.	SENATE
SCR005	Concurrent Resolution Calling for Congress to Pass Balanced Immigration Reform	Stephenson, H.
Abandon	Unfair Trade Practice - Hiring Illegal Aliens	McCoy, S.
SB0081	Illegal Immigration	Hickman, J.
SB0097	Immigration Task Force	Jenkins, S.

SCR 5 Concurrent Resolution Calling for Congress to Pass Balanced Immigration Reform

SCR005 Concurrent Resolution Calling for Congress to Pass Balanced Immigration Reform - Sen. Howard Stephenson.

Official purpose: "This concurrent resolution of the Legislature and the Governor urges Utah's congressional delegation to work with the United States Congress to pass effective and meaningful immigration reform to enhance the workforce of Utah and continue the economic strength of the state's business environment."

This is a bill working towards increasing LEGAL immigration, particularly "seasonal employees." Line 50 of the proposal states:

• "WHEREAS, current immigration law addresses neither documented U.S. labor shortages nor marketplace dynamics, and without a lawful avenue to provide seasonal employees, encourages continued unlawful immigration to the U.S. which continues to negatively impact the state's economy"

While the author is correct about illegal aliens' negative impact, there IS a lawful avenue for seasonal employees - the H2A Visa "The H-2A temporary agricultural visa is a nonimmigrant visa which allows foreign nationals to enter into the U.S. to perform agricultural labor or services of a temporary or seasonal nature." If the complaint is about the speed or number of H2A visas - that would be the item to address. The problem seems possibly to stem form the realization of the H2A worker that better employment can be obtained by ignoring the visa and gaining employment in the better paying industries (e.g. construction) and remaining illegally in the US.

While it may be worthy to declare: "that the Legislature and the Governor express their opposition to granting blanket amnesty to undocumented persons and urge that appropriate sanctions be a part of any solution." Previous calls for Federal Immigration reform have repeatedly been calls for AMNESTY disguised a fine, but giving the malefactor the benefit of remaining PERMANENTLY in the US - with a Pathway to citizenship.

The most egregious failing of this resolution is "BE IT FURTHER RESOLVED that the Legislature and the Governor urge that all components of Utah state government work to ensure that any efforts to effect immigration laws or laws related to Utah's workforce that impact immigration be deferred until Congress passes immigration reform pursuant to the principles stated in this resolution."

This would apparently mean NOTHING would be passed (if the resolution were to be followed)

(Addendum: The Bill was amended in Committee to remove THAT clause 2/18 and was subsequently passed)

The Utah Legislature CAN, SHOULD and, hopefully, WILL pass legislation THIS YEAR throttling the benefit magnet for illegals to flock to our fair state.

DNews article