HB 227 Passes Utah House

Another step on the way to remove some incentive and enticement for illegal aliens to come or stay in Utah.

After being defeated on Thursday and reconsideration failing the following day, a veritable floods of Emails from the voters brought HB 227, Licensing Eligibility, back to the House floor under suspension of rules late Monday. 

An amendment was added, to offset some of the critcism of the bill, to clarify the "applicant" that must declare their "lawful presence in the United States" to apply "for a new business license issued by a municipality or a county."

With a good discussion, the vote continued its seesaw support finally passing 38-36-1 after a "call of the House" requiring absent Representatives to be found to vote.

Those voting in FAVOR

YEAS - 38


Aagard; Barrus; Bigelow; Brown; Clark, D.; Daw; Dee; Draxler; Dunnigan; Edwards; Ferry; Fisher, Julie; Frank; Froerer; Gibson, F; Gibson, K; Greenwood; Grover;  Herrod; Hughes; Hutchings;  Ipson; Lockhart; Kiser; Last; Mathis; Morley; Newbold; Noel; Oda; Painter; Ray;  Sandstrom; Sumsion; Vickers; Wallis; Wilcox; Wimmer;

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.

NO AMNESTY Resolution Proposed

Finally Bipartisan Action we can SUPPORT. Kudos to Jason Chaffetz.

Reps. Jason Chaffetz and Frank Kratovil Introduce Pro-Enforcement, Anti-Amnesty Resolution
Thursday, January 21, 2010, 11:36 AM EST - posted on NumbersUSA

Reps. Kratovil and Chaffetz
Rep. Jason Chaffetz (R-Utah) has introduced a bi-partisan House Resolution along with Rep. Frank Kratovil (D-Md.) and 20 other House Members that would express the House's intent to:

1. mandate the nationwide use of E-Verify,
2. secure the borders, and
3. prevent any amnesty as part of an immigration reform bill.

The list of cosponsors for the Bipartisan Reform of Immigration through Defining Good Enforcement Resolution (H.Res.1026) includes:

• John Barrow (D-Ga.)
  Bobby Bright (D-Ala.)
  Travis Childers (D-Miss.)
  Mike Coffman (R-Colo.)
  John Fleming (R-La.)
  Gregg Harper (R-Miss)
  Duncan Hunter (R-Calif.)
  Lynn Jenkins (R-Kan.)
  Steve Kagen (D-Wis.)
  Blaine Luetkemeyer (R-Mo.)
  Cynthia Lummis (R-Wyo.)
  Patrick Murphy (D-Penn.)
  Glenn Nye (D-Va.)
  Pete Olson (R-Texas)
  Bill Posey (R-Fla.)
  Phil Roe (R-Tenn.)
  Heath Shuler (D-N.C.)
  Gene Taylor (D-Miss.)

H.Res.1026 reads, in part, as follows:
Expressing the sense of the House of Representatives that the continued peace, prosperity, liberty, and national security of the United States and its people depend upon the rule of law and credible and effective immigration enforcement policies which both welcome lawful immigrants and non-immigrants and also prevent the unlawful entry or unlawful continuing presence of foreign persons. . . .

More information can be found on Rep. Chaffetz' website

Here we Go Again AMNESTY!!!

HR 4321 Selling US Citizenship to (successful, law evading) illegal aliens is rearing its ugly head again!

For FAIR's analysis Click here

Bill SUMMARY

H.R.4321: Comprehensive Immigration Reform for America's Security ...
Official government data, breaking news and blog coverage, public comments and user community for HR4321 Comprehensive Immigration Reform for America's ...

Official legislative site: THOMAS (Library of Congress)
H.R.4321. Comprehensive Immigration Reform ASAP Act of 2009

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.