UFIRE Investigates SB 81 Compliance

UTAH - A recent Department of Homeland Security list of Utah businesses who had registered to use Everify analyzed by members of UFIRE (Utahns for Immigration Reform and Enforcement) discovered that very few Utah government entities had applied. Everify is the DHS 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 (government) employers to register with and use a Status Verification System and award contracts only to companies using such employment verification. Federal law has prohibited hiring of “undocumented” people for many years. The Utah bill simply assisted in bringing enforcement to the state level.

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

Within 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.”
Gaylan Stewart, UFIRE member wondered, “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?”

By the end of December, nine additional School Districts have responded to the request stating they had 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 USOE was asked 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.

Robert Wren, UFIRE Chairman, reports that the investigation is continuing and includes other public entities in addition to school districts. The preliminary report on school district compliance is available at www.ufire.net, including all of the email exchanges.

“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." said Wren.

More Trash Talk

Here's another 'news story' being used by the ACLU, the SLTrib and other 'progressive' groups to once again deplore the plight of the poor downtrodden 'undocumented' illegal alien who is just "doing jobs American won't do" or to cast aspersions on ICE's attempts to enforce the law, or, perhaps, just to knock the LDS Church or . . . we're not sure what the real motivation is. The news 'report' excerpted below popped up yesterday based on a 'story' two weeks ago in The Nation.
This popped up as a "most viewed" story containing those two elements beloved by SLTrib commenters - illegal aliens and the LDS Church.

Basically, this is a non story based on an opinion/report of one person being used by the ACLU or (SL Trib) to . . . I'm not sure what.

121 comments: many simply anti Mormon Church, majority just anti illegals, with a few "liberals" thrown in for 'balance'.

A few 'cute' comments:

• "Let's dress up as illegals and knock on Mormons doors."
• "Why doesn't ICE go as ACLU and immigration attorneys? Or how about Tribune reporters? "
• "Thought it was the ACLU not MCLU! "
• "No worries. Obama has reduced ICE to returning stolen exotic cars and fake Gucci handbags."

ICE agents posing as LDS missionaries?

• Updated: 12/29/2009 12:22:42 AM MST
  
  The American Civil Liberties Union is raising the suspicion that federal immigration agents posed as Mormon missionaries to try to nab undocumented immigrants.
  
  The allegation was made by a California professor writing in a recent edition of The Nation magazine who quoted Marina Lowe, an ACLU staff attorney in Salt Lake City.
  
  The article, posted online Dec. 17, asserted that ICE agents throughout the nation use all kinds of ruses, including posing as missionaries and insurance agents.
  
  Immigration and Customs Enforcement (ICE) spokeswoman Virginia Kice on Monday said the allegation that agents pretend to be missionaries is "patently untrue."
  
  Lowe told The Salt Lake Tribune that she had little to go on when a woman living along the Wasatch Front reported last spring that ICE agents may have posed as LDS missionaries.
  
  The woman, who was suspicious of other visitors seeking her husband around the same time, said two people dressed like missionaries, but lacking black name badges commonly worn by Mormon emissaries, came to her door, Lowe said.
  
  "It was purely her impression," Lowe said. "She was very suspicious."
  
  The day after she confirmed for the visitors that her husband lived there, the article said, he was arrested by ICE agents.
  
  Visitors seeking her husband previously about an insurance matter, however, left a phone number.

Utah Violating Federal Abetting Illegals Law

A very small section of 8 USC 1324 states:

"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; . . . or aids or abets the commission of any of the preceding acts" is subject to very stiff penalties.

Utah enacted a Driver's Privilege Card in 2005, or so, and modified it in 2009 so it is now ONLY issued to illegal aliens. Utah is one of only 4 states to offer this enticement.

An Audit in 2008 reported that the previous DP card was merely 98.3% illegal aliens :

ID requirements for a DPC are now :

Foreign birth certificate including a certified translation if the birth certificate is not in English and one of the following:

• Church records,
• court records,
• driver license,
• employee ID,
• insurance ID card,
• Matricular Consular Card (issued in Utah),
• Mexican Voter Registration card,
• school records,
• Utah DPC,
• other evidence considered acceptable by the Division Director or designee.

AND

• Individual Tax Identification Number (ITIN) issued by the Internal Revenue Service (IRS);
• or Document or letter from the IRS verifying the ITIN

Utah Department of Public Safety declares: "Undocumented individuals who do not qualify for a US Social Security Number, must obtain a Individual Tax Identification Number (ITIN) from the Internal Revenue Service."

The IRS has specifically declared that ITIN's are NOT secure and are not to be used for identification.

An Inspector General Report declared:

"As a result, individuals are being assigned multiple ITINs, ITINs are being improperly used for employment and billions of dollars in tax credits are being provided to ITIN filers without verification of eligibility."

Apparently, Utah is knowingly and actively continuing to encourage aliens to reside in Utah (part of the US) in reckless disregard of the Federal law.

WHY?

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.

LDS Church and the missionary effort

An interesting piece from Arizona on the LDS missionary effort in the illegal alien community:

Excerpts:
"Latinos overwhelmingly are raised Catholic, but the Church of Jesus Christ of Latter-day Saints is aggressively reaching out to them by touting the religion's heavy focus on family and community, pillars of the Mormon faith that are also at the center of Hispanic culture.
As a result, Latinos are joining the Mormon Church at a greater rate than members of any ethnic group, even Anglos, church leaders say. " . . .

"Some state lawmakers, on the other hand, are trying to drive illegal immigrants out of Arizona.
(Sen. Russell ) Pearce said his immigration legislation, including the state's 15-month-old employer-sanctions law, is rooted in the Mormon Church's 13 Articles of Faith.
"We believe in laws and the sustaining and obeying of the laws of the land," Pearce said.
At the same time, Pearce said he is sympathetic toward illegal immigrants.
"I tell you, most of these are good people," he said. "But you are still taking jobs from Americans, suppressing wages and breaking the law. We can't tolerate that."
Still, he doesn't believe Mormons are undermining his efforts by reaching out to Latinos.
"They are not providing sanctuary policies for them, unlike some folks who hide behind their religious status and are (promoting) sanctuary policies. This church simply doesn't ask (about immigration status)."
Some Mormons, though, think the Pearce-led crackdown hurts immigrant families, including the U.S.-born children of illegal immigrants, and goes against the Mormon faith's emphasis on families and compassion.
Pearce's role in the immigration legislation has fueled perceptions that the Mormon Church is behind the crackdown.
Wilford Andersen, a member of church's Southwest governing body, said Pearce does not speak for the church.
"Just like any church, there are people with different opinions," Andersen said. "People have the right to disagree on political issues and the right to consider issues carefully and come to their own conclusions, and we respect that, as do other churches."
The church has not taken a position on immigration, Andersen said.
"But we feel it is our responsibility to minister to all of God's children, regardless of (immigration) status," he said.
Immigration has touched off a "quiet revolution" within the Mormon Church, said Garcia, the Brigham Young professor.
The church sees Latinos as the best opportunity for growth because of their numbers and openness to new faiths, but there is resistance from Mormons who tend to be conservative Republicans, he said."

A plethora of comments have been made on the online article.

The LDS Church and Immigration (part 2)

I have been receiving queries concerning the LDS Church's position on illegal immigration, as a result of testimony by a witness, apparently using his Church credentials to lend credibility to his testimony, at the Senate Hearing on SB113 (Bill to delay implementation of SB 81) Transcript of that testimony below.
(Incidentally, I fully favor implementing SB 81 as soon as feasible)

Here is an update of a previous post on the LDS Church on the issue. I am neither a general authority, nor an official spokesman; I could cite my ecclesiastical experience but I choose not to, as I personally feel it inappropriate to give the impression that I am a spokesman for the church, merely a member.

I believe, the LDS Church has officially taken NO POSITION on illegal immigration.
To wit:

• From the 2004 DNews article "LDS Church spokesman George Monsivais said, reading from a prepared statement at a Thursday morning press conference. The church repeats its oft-stated caution to members that they should never infer that the church endorses their personal political positions."
• In an official 2006 LDS Church Press Release, "The Church of Jesus Christ of Latter-day Saints has over a million members in Mexico. It does not encourage them to move to Utah or anywhere else. The Church, in fact, has made no comment so far on the immigration debate, recognizing that this complex question is now before Congress and is already being thoroughly aired in the public square."
• In a more recent DNews article, 2008, (Elder Marlin K.) "Jensen said the LDS church has taken no position on any particular measure on the federal or state level." "The current debate in our state Legislature is evidence of the very strong feelings that surround this issue," Jensen said. He noted that LDS leaders had recently issued a "very sincere plea" to lawmakers to consider the issue with humanity and compassion."

Public Hearings on Utah Senate Bill 113 3/2/2009 4:10 pm An effort to delay enforcement of Senate Bill 81, passed in 2008 and set to take effect in July of 2009. SB81 was tailored after an Oklahoma bill designed to crack down on illegal aliens.
Comments from Kevin Taylor of the LDS Church
My name is Kevin Taylor. I am a trustee for the Liahona Self-reliance Foundation, which is organized in concert with the LDS Church's Salt Lake City Inner City Project which serves the Spanish branches in the Salt Lake valley. I'm also the Administrator of the OP Program of the LDS Church's Perpetual Education Fund.
In this capacity as a Service Missionary in the Inner City Project I have the opportunity to work with the 66 Branches and Wards of Spanish- and Portuguese-speaking members throughout the valley.
I'm here to speak in favor of SB113 which delays SB81. In my view and in my experience I believe that SB81 essentially constitutes what I would call tweaking of the law where there really is a need for comprehensive reform of immigration.
I'm especially concerned about the deputization of local law enforcement officers to act as immigration agents. I fear for the impact, not just on that community, but for the safety of all of us. I believe that not just the Hispanic population is affected, but all of us are as this group of people are dissuaded from cooperating with the police in criminal investigations as has been indicated earlier.
I'm very concerned that the people who are here who are out of status for various reasons are here for the purposes of family reunification, economic survival, and they are here really expressing gratitude for the law. It is sort of a dilemma, that they really are in favor of the law of the land here because where they come from they don't have the benefit of the law.
And it's a concern to me that where these people often come from countries where they cannot trust local law enforcement we would take action that would create the same situation here where they would not feel it appropriate in their own interest to communicate and cooperate with law enforcement in trying to solve serious violent crimes.
I'm also concerned about the fiscal amount and I think our money would be much better used in service of investigating and prosecuting violent crime and not to make life harder for the people that we serve.
Thank you.

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.

Illegals Instate Tuition should be REPEALED

The SL Tribune recently reported on the upcoming California Supreme Court hearing on Instate Tuition for illegal aliens which is virtually the same as the Utah law.

In sanitizing the original LA Times article, all references to "illegal" immigrant were replaced with the politically correct "undocumented" immigrant. Also missing from the article were many of the very poignant statements by the plaintiffs, such as:

• "U.S. citizens should have at least the same rights as undocumented immigrants," said one of the plaintiffs, Aaron Dallek, an Illinois native who graduated from UC Berkeley in 2006.
  
• Another plaintiff, 2006 UC Davis graduate Onson Luong, said he didn't think it was fair that he, as a native of Nevada, had to pay higher tuition than illegal immigrants.
  
• Michael Brady, who represents the out-of-state students and their parents in the case, said California is "completely undermining the intent of Congress" and that the state law should be invalidated because it violates federal immigration law. . .

As the Utah Attorney General’s office opined in a 2002 letter to the University of Utah: "This Utah statute provides, by its own terms, that it is only operational ""[i]f allowed under federal law"". Federal law places limitations on a state allowing higher educational benefits to aliens who are not lawfully present in the United States unless the same benefits would be available to any other individuals in the United States regardless of whether they are residents of Utah." . . .

Utah passed Instate Tuition predicated on the passage of the proposed so-called Dream Act, which would have allowed States the option to offer reduced tuition to illegal aliens. Click here to listen to the actual floor debates in 2002.

When posted in the Utah Office of Education regulations (R513-13) the phrase "If allowed under Federal law," was omitted. The Dream Act has never been passed.

The Utah AG letter went on to say: "We have not found applicable judicial opinions interpreting 8 U.S.C. Section 1623, so there is always the possibility that a different or more strict interpretation might be applied by the courts, but on its face, at this preliminary juncture, we are of the opinion that it does not override Utah’’s tuition statute."

A California Appeals Court (Martinez v. Regents of U.C. 9/15/08 CA3) has now issued an opinion: "As we shall explain, the three-year attendance requirement at a California high school is a surrogate residence requirement. The vast majority of students who attend a California high school for three years are residents of the state of California. Section 68130.5 thwarts the will of Congress manifest in title 8 U.S.C. section 1623."

That appellate court decreed that all US Citizens paying non resident tuition would be eligible for reimbursement for the excess payment above the resident rate. The potential to the taxpayers of Utah for such a decision in voiding the Utah instate tuition could easily be in the $10's, or even $100's, of millions.

Additionally, upon graduation, the undocumented immigrant graduate can still not LEGALLY obtain employment in the United States.

In addition to being in violation of the federal law on tuition, allowing that reduction also appears to violate federal law declaring it illegal to aid, abet or "encourage or induces an alien to come to, enter, or reside in the United States, knowing . . . that such . . . residence is or will be in violation of law;" US Code Title 8, sec 1324 .

Instate Tuition for illegal immigrants should be repealed by the Utah legislature - this year - to comply with federal law, avoid huge potential costs and be fair to US citizens, regardless of what the California Supreme Court decides.