Showing posts with label enforcement. Show all posts
Showing posts with label enforcement. Show all posts

Friday, February 12, 2010

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.

Monday, December 28, 2009

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.