Wednesday, November 12, 2008

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."

Thursday, October 16, 2008

Interim Immigration Committee Meeting - Richfield

First Hand report by attendee of the Richfield meeting:
Last night I went to the Utah Legislative Illegal Immigration Committee hearing last night in Richfield. I didn't have any takers on the invitation to drive to Richfield with me and so I went by myself. It was very different than the other hearings. The folks out in the hinterlands are much different than those along the Wasatch Front.
There were about 15 people in attendance other than those on the committee and agenda. CCII from Wasatch County had about 7 or 8 and myself, so members of UCII (Utah Council on Illegal Immigration), made up about half of the citizens in attendance. There was plenty of time at the end for public comment. There were about 7 that spoke and no one was restricted on time, and the hearing still ended about 50 minutes early.
Agenda:
Denny Drake a Washington County Commissioner has an excellent understanding of the issue of illegal immigration and gave the committee a lot of good information on E-Verify and 287g in their county. He related some of the efforts that they are making in the county to solve their problem. CCII has done an excellent job with their county commission.
Kirk Smith Washington County Sheriff Is also well informed and is moving forward with 287g. They now have two deputies qualified, and will report on their progress. He recounted some of the crime problems that they are having, especially with illegal drugs. He told them that 100% of the recent marijuana farming operations in Southern Utah were being run by illegal aliens. Here again credit must be given to CCII for educating their sheriff.
Richfield Chamber of Commerce: This was a surprise. They had visited many of their members and found that they don't want to hire illegal aliens and would like to know how they can tell if they are illegal. (They must not have checked with their state or national leaders) These people said they were hearing for the first time at the hearing, about E-Verify and would like to get training on it. For those of you that are surprised about this don't be. It is a different world out there in rural Utah.
Gary Mason Chair of Sevier County Commission: Also said that he and those he knew were not in favor of illegal immigration, and as citizens opposed it, but didn't know what to do about it. He also said that no one knows how to tell if they are hiring illegals or not since they all have ID.
Phil Barney Sevier County Sheriff: Identified some of the crime problems that they are having and also reported that they are unable to identify illegals. He did tell about one of his deputies that arrested a guy for DUI that was probably illegal but had to let him go after the local court dealt with the DUI. Several months later the same guy was arrested for DUI, but with a different ID. He would have gotten away, but it happened that it was the same deputy and he recognized him as being the same person, and so charged him with ID fraud in addition to the previous crimes. His main complaint was that they have very little support from ICE. He said that he guessed that they were just too far from St. George or Provo.
Public Comment Time was primarily taken by UCII members. However the ACLU had a lawyer there that went through the 14th Amendment of the Constitution with them and other rights that make management of the illegal problem difficult. Also, there was a woman there that spoke up for the Catholic Church who was in favor of not making any laws that would restrict the illegal immigrants in Utah.Tentative dates were set for the next committee hearings were October 22nd, Nov 17th, and December 3rd. No place or time was decided, but they did say that they would still like to go to St George. It would be nice if we could get more citizen support next time.

Wednesday, September 17, 2008

California Court on In-state Tuition for illegals

California Court of Appeals has weighed in with a decision on illegal aliens and In-state Tuition, declaring it unconstitutional:

A three judge panel of the California Court of Appeals unanimously ruled Monday that a California law intended to permit illegal aliens to attend public colleges and universities at in-state tuition rates is unconstitutional because it conflicts with federal law, and violates both the equal protection clause and privileges and immunity clause of the constitution. Ruling in the case of Martinez et al. v. Regents of the University of California, brought by the Immigration Reform Law Institute (IRLI) on behalf of some 80,000 nonresident American students who were denied in-state tuition benefits, the Appeals Court agreed that California policy violates expressed provisions of both the Immigration Act and the Welfare Reform Act of 1996.

The 1996 Immigration Act states that "an alien who is not lawfully present in the United States shall not be eligible on the basis of residence within a State...for any postsecondary education benefit unless a citizen or national of the United States is eligible for such a benefit..." In their ruling, the judges concluded that a California law that recognizes illegal aliens as residents for the purpose of attending public colleges and universities at taxpayer subsidized tuition rates, "does, and was intended to, benefit illegal aliens" - a benefit that the state fails to provide to U.S. citizens from other states. The court also granted injunctive relief to nonresident American students, meaning that they must be permitted to pay in-state tuition. Students who have already paid out-of-state tuition rates must be reimbursed."


This decision should be a call to action in Utah to repeal in-state tuition for illegals. Obviously court cases may continue, but the salient point in this decision is that some in the Utah government have used the original court decision (no standing) as a reason to allow continuing the Utah illegal alien in-state law.

This case is based on virtually the same scenario as Utah's situation, and the California Court ruled on the RESIDENCY issue. A letter to U of U from the AG's office opines:

"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." . . .

"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."

It appears that opinion has now been offered - Martinez v. Regents of U.C. 9/15/08 CA3 :

"2. Respondents argue in-state tuition is not granted "on the basis of residence within a state" as required by federal law. Respondents point to the fact that in-state tuition for illegal aliens is based on a student’s having attended a California high school for three or more years and on the student’s having graduated from a California high school or having attained "the equivalent thereof." (§ 68130.5, fn. 1 ante.) 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.
We shall conclude the trial court erred in determining the complaint failed as a matter of law. We shall reverse the judgment of dismissal and allow the case to proceed in the trial court."


As has been testified many times before Utah legislative committees, there is a huge POTENTIAL liability to the taxpayers of Utah in continuing this action - Instate Tuition for illegal aliens should be repealed as soon as possible. The estimated liability to Utah may be in the $100's of millions.

Tuesday, September 02, 2008

2008 GOP National Platform - Immigration

It appears the 2008 GOP platform on illegal immigration has changed from 2004 (amnesty) - for the better!!! The GOP apparently may have listen to its grassroots constituents' inputs - Now, if only the elected officials would now heed those wishes.
"Immigration, National Security, and the Rule of Law" shows up on page 3 of the 67 page document" - 2008 excerpts:

"Immigration policy is a national security issue, for which we have one test: Does it serve the national interest?"

"Experience shows that enforcement of existing laws is effective in reducing and reversing illegal 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."

"the denial of federal funds, for self described sanctuary cities,"

"It does not mean driver’s licenses for illegal aliens, nor does it mean that states should be allowed to flout the federal law barring them from giving in-state tuition rates to illegal aliens, nor does it mean that illegal aliens should receive social security benefits, or other public benefits, except as provided by federal law."

THIS was REMOVED from the 2004 platform: "President Bush has proposed a new temporary worker program that applies when no Americans can be found to fill the jobs. This new program would allow workers who currently hold jobs to come out of the shadows and to participate legally in America’’s economy. It would allow men and women who enter the program to apply for citizenship in the same manner as those who apply from outside the United States."

Regrettably, they failed to include anything on "anchor babies." Inclusion of a restriction on the interpretation of the 14 th amendment giving citizenship to those born within the geographic boundaries of the US was defeated in the platform committee.

Click here for Michelle Malkin's comments on this immigration platform plank.

Now we will have to keep Pres. McCain on the straight and narrow on the issue!!! There appears some differences with McCain past positions:
"The 2004 platform also reflected the position of Arizona Senator McCain, who co-sponsored legislation last year that would have overhauled the immigration system and offered an estimated 12 million illegal immigrants a path to citizenship while tightening the border with Mexico and creating a guest- worker program. He has since said the U.S. must secure its borders before changing the system."

Sunday, August 03, 2008

NEA on Illegal Aliens

The National Education Association passed their annual resolution in their July 2008 convention. They seem to concern themselves with issues far beyond the scope of EDUCATION. Here's a synopsis of the NEA stand on illegal aliens and immigration. (emphasis added)

B-20 (NEA) " further believes that students who have resided in the United States for at least five years at the time of high school graduation should be granted amnesty by the Immigration and Naturalization Service, granted legal residency status, and allowed to apply for U.S. citizenship, and that legalization not be used as an incentive for or be dependent on military service." (1980, 2005)

B-21 (NEA) "advocates the implementation of bilingual/bicultural and remedial instructional programs that address the individual instructional needs of migrant students in the United States, regardless of the availability of federal and state funds to support such programs." (1975, 1996)

B-11. Racism, Sexism, Sexual Orientation, and Gender Identification Discrimination
". . . Discrimination and stereotyping based on such factors as race, gender, sexual orientation, gender identification, disability, ethnicity, immigration status, occupation, and religion must be eliminated."

I-19. Migrant Workers (NEA) "is concerned with the plight of migrant workers. The Association supports the efforts of migrant workers to be represented in collective bargaining by the organization of their choice. (1985)"

I
-20. Immigration (NEA) "opposes any immigration policy that denies human and/or civil rights or educational opportunities to immigrants and their children regardless of their immigration status, hinders workers’ abilities to organize, imposes excessive fees and fines on those seeking legalization, or criminalizes individuals or groups who support or assist immigrants regardless of their status. (NEA) "also opposes any policy that makes legalization or naturalization dependent upon military service and/or service in a combat zone. The Association condemns such policies as inhumane and discriminatory." (1984, 2007)

New I. César Chávez Day* (NEA) " believes that César Chávez Day should be a state holiday in every state to focus on the importance of human relations. (NEA) " encourages the observance of this day to promote reflection and action for social justice." (2008)

B-10. Racial Diversity Within Student Populations (NEA) "believes that a racially diverse student population is essential for all elementary/secondary schools, colleges, and universities to promote racial acceptance, improve academic performance, and foster a robust exchange of ideas."

I-1 (NEA) "supports the principles stated in the United Nations (UN) Charter and believes that the UN furthers world peace and promotes the rights of all people by preventing war, racism, and genocide." (NEA) "further believes that Education International contributes to peace and international relations by promoting dialogue among the world’s education employees. "

"Delegates adopted the report of the 2007-08 resolutions committee as recommended . . ."


Friday, August 01, 2008

RNC asking for Platform input

The only mention of illegal immigration I could in Platform Issues was under National Security - Secure Borders in the new RNC request.

The Republican National Committee is requesting input on the Party Platform:
"The Republican Party is seeking your input as we develop the policies and principles upon which we should stand for the next four years. On this website, you can share your thoughts, participate in polls, and communicate directly with the policymakers who will be shaping the party's agenda. All comments and feedback will be reviewed and taken into full consideration as we prepare for our convention in Minneapolis-St. Paul."

However "illegal immigration" search does come up with 88 hits. I briefly looked through the first 40 (the last 2-3 days) Virtual every one voiced the NO AMNESTY opinion (meaning "immigration reform" a.k.a. Sale of Citizenship to the lowest bidder)

In the last 30 minutes 8 more posts - most virtually identical. "I want the Republican Party to get serious about ending illegal immigration and reducing overall immigration numbers. I hope the GOP platform includes attrition through enforcement measures and an end to chain migration policies."

They may have underestimated their members distaste for amnesty - hopefully they'll listen and the platform will again reflect the opinion of the people. See articles below on Platform history.

Program lets illegal immigrants volunteer to leave

You've got to give them credit for creative headlines; I had no idea Americans were keeping illegal aliens captive.

AP posted the article with the Headline "Program lets illegal immigrants volunteer to leave"


Excerpt:
"Those folks will be able to walk into an ICE office and say I'm here and I want to go home," Bassett said. They will not be jailed as most people are who are arrested because they are believed to be in the country illegally, she said. They will not be required to wear tracking devices, she said.
Jim Hayes, the acting ICE detention and removal director, said some 572,000 people in the country have final deportation orders but have not committed a crime."

Hayes denied that the voluntary departure program was designed to increase the numbers of immigrants removed from the country or as a political move in the ...


ICE program: Volunteer for deportation, get 90 days to leave family Contra Costa Times
Bush Administration Finds "Solution" for Illegal Immigration ... AOL News Newsbloggers
Comment by Ira Mehlman Federation for American Immigration Reform
all 163 news articles »

Here's the actual ICE release on the subject: Excerpt: "There are approximately 572,000 ICE fugitives in the United States, including 457,000 who do not have criminal histories. An ICE fugitive is defined as an alien who has failed to depart the United States based upon a final order of removal, deportation, or exclusion from a U.S. immigration judge, or who has failed to report to ICE after receiving notice to do so. Only non-criminal fugitive aliens are eligible for the program and will be screened by an ICE officer when reporting to verify status. ICE officers will update immigration databases, and explain supervision requirements to eligible aliens. Aliens who qualify would be allowed to remain in the community with a reporting requirement or an electronic monitoring device. Since all situations are unique, an ICE officer will notify the alien of the next steps to take for removal.
Aliens who are able to provide for their own removal would have the flexibility to make their own travel arrangements within a 90-day time period. ICE will work with eligible aliens who are not able to provide for their travel; however, ICE will maintain control and schedule the travel arrangements in these specific cases."

Wednesday, July 30, 2008

Fender Bender in Orem

An interesting little article on an illegal alien accident in Orem Utah:
An Orem traffic crash has turned into an immigrations bust in Lindon.
It was a simple fender bender on 1600 North in Orem, but it got interesting when the driver who caused the accident ran away right after he rear-ended someone.
Three others inside the car told Utah Highway Patrol troopers he worked at Mountain States Steel plant in Lindon.
"The driver did work there at the steel company and actually ran over to work and was actually working. He was arrested," said UHP trooper Cameron Roden.
Roden says he'll face some charges, but immigration officers will take care of the rest.
The man in the country illegally, and so are his three friends.


http://www.ksl.com/index.php?nid=148&sid=3879295

KSL seems to be the only media outlet to report on the accident - buried among the 178 comments is this one from the Utahn who was hit. (It's near the bottom with some interesting - idiotic - responses)

Owner of Vehicle Struck in Accident!!!
by The Whole Bloomin' Yard @ 9:51pm - Tue Jul 29th, 2008

As I ponder on the events that happened in the accident. I cant help but reflect on the comments and issues that this accident has brought up. My company is a small company that primarily does property maint. (lawn mowing) and landscaping. I have but one truck and trailer and all my equipment my company had was on the trailer. The vehicle that struck my trailer at 45-50 MPH totaled my trailer and multiple mowers and various other equipment and damaged my truck to the extent that it cannot haul a trailer anymore.

The driver of the vehicle nor anyone else bothered to see if i was alright instead the hard working non legal citizen of the good old USA decided to not be responsible nor caring enough to hang around instead fled the scene. I am grateful that they were able to catch him. However now that it is over i am faced with new challanges.

thanks to the immagrant who apparently decided to op out of the drivers ed class my company now has no way to serve my customers nor put food on the table for my family and pay my bills! I am the proud father of two and now my family and customers have to suffer because they didnt want to enter this county the right way and take the proper courses on how to operate a motor vehicle in this country.
Yes I do have insurance however it will take a week and a half to two weeks to get me a check for a new trailer and to fix my truck. By that time I will be out of business. Thanks again to the illegal immagrants who cross the border to find a better life, to work for less than the average american who has skills will, and ruin other peoples lives.

Saturday, June 21, 2008

Sutherland Institute - authentic conservatives??

The (usually) Sutherland Institute of Utah has weighed in on the illegal alien issue - and stepped off the scale on the wrong side.

While "compassion" exudes from the pontification, it seems directed solely towards our "neighbors" to the South; little consideration seems to given to the remaining millions who would dearly love to come to enjoy the still remaining freedoms available in the United States.

No compassion seems to be proffered to the thousands of Utahns whose identity has been stolen to allow the "law-abiding" successful evaders of border enforcement or those ignoring current visa requirements to obtain employment. The report indicates that "sensible conservatives" should work to dismantle the welfare state. How sensible is it to dismantling welfare by adding millions more to it OR by accepting those who have already found the way to successfully partake of it?

In one paragraph, Sutherland opines that it "looks to the United States Congress to create and effectively enforce a coherent immigration and border security policy as a top priority." Later is this espoused belief, "If a person of good will comes to our state looking to make Utah a better place to live, work and raise a family, then we should welcome that person – from wherever and however they come to us." There seems to be a large inconsistency here.

In an obvious observation, Sutherland declares illegal immigrants are "real people with real families in search of America’s fullest privileges," but is it America and Americans that are breaking up families or is it the illegal immigrant himself? Do those "fullest privileges" include the welfare state that the authentic conservative Sutherland Institute decries?

The report states "Illegal immigrants who have not engaged in other forms of criminal behavior should not be exploited." Surely Sutherland is not intimating that those who have engage in other forms of criminal behavior SHOULD be exploited. A real authentic conservative exploits no one. A real authentic conservative obeys the law (federal and state) and does not hire an illegal with a wink and nod at the presentation of fake or stolen identities.

Their third expressed 'sentiment' states: "We should seek economic transparency and personal accountability from all Utah residents. State laws, policies, and regulations must hold illegal immigrants accountable for otherwise law-abiding behavior – to live as equals is to assume the mantle of full citizenship, self-reliance, and economic productivity."

I find it rather astounding the Sutherland feels they are the sole determinant of what constitutes an "authentic conservative" (cited 44 times in the report) in Utah. A true authentic conservative exhibits compassion to all of God's children, not just those "neighbor(s), south of the border." A true conservative would not consider awarding citizenship in the greatest country in the world to those who openly defy the laws upon which the very basis of freedom rests.

Thursday, May 22, 2008

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