New Immigration Policy
By Scott JenkinsUtah State Senator, District 20 Senate Majority Whip Here's a simple outline of how Utah policy relating to illegal immigrants will change, beginning July 1st. SB 81 was passed in 2008. Since then, two 2009 bills ( HB 64 and SB 39) modified the original language. HIGHLIGHTS OF S.B. 81: ILLEGAL IMMIGRATION- Requires county sheriff to make a reasonable effort to determine the citizenship status of a person confined to a county jail for a period of time and to verify the immigration status of a confined foreign national. The presumption, for the purpose of determining the grant or issuance of a bond, is that a person verified by the sheriff's efforts as a foreign national not lawfully admitted to the United States is at risk of flight (Enacts Section 17-22-9.5 of the Utah Code).
- Provides that the Alcoholic Beverage Control Commission may not grant a restaurant liquor license or private club license to a person who is not lawfully present in the United States (Amends Section 32A-4-103 and 32A-5-103 with new Subsections (7)).
- Provides for the creation and issuance of identification documents, such as birth certificates, drivers licenses, identification cards, by public and private entities and requires that those issued by public entities go only to United States citizens, nationals, or legal permanent resident aliens, unless the person provides valid documentary evidence of certain approved or pending immigration status (such as unexpired immigrant or non-immigrant visa status for admission into the United States, pending or approved application for asylum in the United States, or admission into the United States as a refugee). This does not apply to a driving privilege card issued or renewed under Section 53-3-207 or an identification document issued by an institution of higher education that is only valid for use on the institution's campus or facility (Enacts Section 63G-11-102).
- Identification documents issued to the exceptions noted above are valid only for the period of time of the person's authorized stay in the United States or for one year from the date of issuance if there is no definite end to the period of authorized stay. This may be renewed if the applicant can show that the status by which they originally qualified for the identification document has been extended by the United States Citizenship and Immigration Services or the Department of Homeland Security.
- Requires public employers to register and use a Status Verification System to verify the federal employment authorization status (citizenship or immigration status) of a new employee, and provides that a public employer may not enter into a contract for the physical performance of services within the state unless the contractor registers and participates in the Status Verification System to verify the work eligibility status of the contractor's new employees. This also requires the contractor to verify the employment status of new employees who work under the contractor's supervision or direction and a subcontractor who works under the contractor. They must certify, by affidavit, that the subcontractor has verified the employment status of the subcontractor's new employees through the Status Verification System. These provisions do not apply to: (a) contracts entered into prior to July 1, 2009, even if they involve the performance of services within the state on or after that date; or (b) contracts that involve underwriting, remarketing, broker-dealer activities, securities placement, investment advisory, financial advisory, or other financial investment banking services (Enacts 63G-11-103).
- Makes it unlawful for an employing entity to discharge a lawful employee working in Utah while retaining an unauthorized alien working in the state in the same job category (63G-11-103).
- Requires an agency or political subdivision of the state to verify the lawful presence in the United States of an individual who has applied for a state or local benefit as defined by federal law, or a federal public benefit that is administered by the agency or political subdivision, and provides for exceptions that reflect the exceptions referenced under federal law. Also requires an applicant for a state or local public benefit to certify the applicant's lawful presence in the United States, and provides a penalty for making a false, fictitious, or fraudulent statement or representation in the certification (Enacts 63G-11-104).
- Subject to the availability of funding, provides for the establishment of a Fraudulent Documents Identification Unit by the attorney general for the primary purpose of investigating, apprehending, and prosecuting individuals who participate in the sale or distribution of fraudulent identification documents created and prepared for individuals who are unlawfully residing within the state (Enacts 67-5-22.7).
- Requires the attorney general to negotiate a Memorandum of Understanding with the United States Department of Homeland Security for the enforcement of federal immigration and customs laws within the state by state and local law enforcement personnel. Also prohibits a unit of local government from enacting an ordinance or policy that limits or prohibits a law enforcement officer or government employee from communicating or cooperating with federal officials regarding the immigration status of a person within the state. Provides for a private right of action to file for a writ of mandamus to compel a non-compliant local or state government agency to comply with the reporting laws (Enacts 67-5-26).
- Makes it a class A misdemeanor for a person to transport into the state or for a distance of 100 miles within the state an alien for commercial advantage or private financial gain knowing that the alien is in the United States in violation of federal law (Enacts 76-10-2701). This newly enacted section does not prohibit: (a) providing charitable or humanitarian assistance by a charitable, educational, or religious organization or its employees, agents, or volunteers using private funds; or (b) a religious denomination or organization or an officer, agent, or member of the denomination or organization from encouraging, inviting, calling, or allowing an alien to perform the vocation of a minister or missionary for the denomination or organization in the United States as a volunteer. It also has a provision that makes it unlawful for a person to knowingly, with intent to violate federal immigration law and for commercial advantage or private financial gain, to conceal, harbor, or shelter from detection an alien illegally present in the country.
IMPACT OF HOUSE BILL 64, DETERRING ILLEGAL IMMIGRATION- Authorizes the Office of the Attorney General to administer and coordinate the operations of a multi-agency strike force to deal with major felony crimes committed within the state related to illegal immigration and human trafficking. Provides for voluntary participation in the strike force by officers of the U.S. Immigration and Customs Enforcement and state and local law enforcement personnel to more effectively utilize their combined skills, expertise, and resources (Enacts 67-5-22.7).
- Provides for the establishment of a Fraudulent Documents Identification Unit in conjunction with the strike force (Repeals 67-5-22.5 enacted in S.B. 81)
IMPACT OF SENATE BILL 39, IMMIGRATION AMENDMENTS, AS ENACTED IN THE 2009 GENERAL SESSION- Defines a contract for purposes of Section 63G-11-103 as an agreement for the procurement of goods or services that is awarded through a request for proposals process with a public employer and includes a sole source contract (limits the scope of SB 81).
- Provides for additional exemptions from verification of lawful presence regarding: (a) state public benefit to be given to an individual under Title 49, Utah State Retirement and Insurance Benefit Act; (b) a home loan that will be insured, guaranteed, or purchased by the Federal Housing Administration, the Veterans Administration, or any other federal agency; and (c) a subordinate loan or grant that will be made to an applicant in connection with a home loan that does not require verification under (b).
- Provides verification of certification when an applicant for public benefits certifies that the applicant is a qualified alien lawfully present in the United States (amends Section 63G-11-104 of S.B. 81).
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6 Comments:
Boy, that's a bad piece of public policy.
Enforcing the law of the land is bad policy? Huh?
I agree. I have no problem with them being here, but they need to be held responsible. Why should we, as taxpaying citizens, have to pay for them who are here illegally.
I am all for compassion, but I am also all for responsibility and accountability.
No other people from any other nation who have migrated to the United States have had these oppressive laws passed against them, or 'because' of them. It is a disgrace to this country to treat the people we actually took the country from in such a despicable manner.
God has not created these borders, man has, and any attempt to stop 'those who God shall lead here' are in direct opposition to God's plan as I see it. What happened to 'faith' in that God will bless those who love their brothers....People who attempt to close the borders and fall back in fear and anger lack faith..and are hypocrites to that which they preach.
This is absurd. I must have missed something the great state of Utah found in the supreme law of the land. Where in the plenary power granted to the federal government by Constitution does the wonderful State of Utah find the authority to regulate Immigration???????
To Anonymous: Apparently you've never read the 10th Amendment.
BTW, See a cardiologist about your bleeding heart.
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