I've heard that a lot of people are upset about the Utah Immigration Law and what they believe is in it. Also, a lot of people are upset that the Chambers of Commerce in the state and the LDS Church have supported it. Even the ultra-conservative Sutherland Group is for this series of laws. Hopefully, I can help clear up some misconceptions.
What is is:
1. A Guest Worker Program that allows those who are already here a chance to apply for permits if they pay a 2500 fine and 1000 if they overstay their visa. It also will include a criminal background check for those wishing to apply.
2. Worker Exchange Program with the Mexican State of Nuevo Leon.
3. Requirement that employers verify the legal status of employees.
4. Allows employers and citizens to sponsor an immigrant laborers.
What is is not:
1. Amnesty. It simply states law enforcement agencies in the State of Utah will not enforce Federal immigration law. It is no worse that the status quo. It keeps the state out of it. This is something that Police Chief Burbank of Salt Lake City and other law enforcement agencies asked for. However, Governor Hebert will file a grievance with the Feds asking for stronger enforcement of the law. Amnesty is a complete pardon for a crime. Paying 2500 is not amnesty. At minimum wage, that is about 8 and 1/2 weeks of labor. You would not consider working for 8 and 1/2 weeks for any misdemeanor fine amnesty. If you are the kind of person that believes anything short of deportation is amnesty, there will never be an executable law that you will like.
2. A pass for identity theft. No where does the new law excuse identity theft nor does it excuse any other crime. Those who fake their identities or steal the identity of another will still be punished according to the law. This is perhaps the biggest misconception that I heard on KNRS radio this afternoon. Shame on Rod Arquette for not clarifying this with his listeners and callers.
3. An attempt at an Arizona-style immigration law.
4. A path to US Citizenship. That has already been defined by the Constitution and by Federal Law. The State of Utah itself has no authority to grant citizenship.
Will it work? It is doubtful that anything other than the employment verification bill will pass constitutional muster, but I am no constitutional expert. It seems, however, that the Utah Department of Public Safety does not have the authority to issue a visa, but I could be wrong about that.
Rather than condemned, the state leaders should be commended for passing this series of laws.
Further Commentary...
As a state GOP delegate (former delegate, I had to surrender my position when I moved), I voted against the immigration provision for three reasons.
1. The language is unclear. According to the language of the platform plank, the party is opposed to a guest worker program IF that program provides a pathway to citizenship. This is clearly not the intent of that plank. The sponsors were completely opposed to a guest worker program...period.
2. Amnesty is one of those words that sparks an emotional response, but is not clear in it's meaning. To some people, some punishment, even when light, is not amnesty. And yes, those people are Republicans. To others, anything short of deportation is amnesty. Those people are also Republicans. People in the Utah GOP need to realize that this is a wedge issue that could cost our state dearly.
3. A punitive approach seems racist. We are not racist in the GOP. Therefore, the plank needs to be reworded.
The current plank:
America is a stronger and better nation because of the hard work and entrepreneurial spirit of legal immigrants, and the Republican Party honors them. We believe that control of our borders is an urgent national security interest and our national sovereignty depends on those secure borders.
We oppose illegal immigration and all forms of amnesty, or legal status, for illegal immigrants. We support suspending automatic U.S. citizenship to children born to illegal immigrant parents. We oppose granting government benefits to those illegally present in the US. We oppose any temporary or "guest" worker program that would offer an automatic path to citizenship. We believe that current laws against employing illegal immigrants should be vigorously enforced, particularly to stem the now too common crime of identity theft in obtaining employment.
How it should read:
America is a stronger and better nation because of the hard work and entrepreneurial spirit of legal immigrants, and the Republican Party honors them. We believe that control of our borders is an urgent national security interest and our national sovereignty depends on those secure borders.
We believe that those who cross international borders illegally into our country or those who over-stay a visa, no matter their nation of origin, are not entitled the same rights and privileges granted to natural-born or naturalized citizens nor the same privileges and rights granted to legal immigrants and those with a current visa. We strongly encourage vigorous enforcement current immigration and identity law. We do not support laws that provide a pathway to citizenship for any undocumented immigrant without a just remedy. We encourage businesses to conduct background checks on prospective employees and refer any suspected violations to the proper authorities.
(This is no amnesty without saying the word amnesty.)
We do not support birthright citizenship for the children of those who are not in the United States legally and call for Federal Government to fix this oversight in law, even if the Constitution of the United States needs to be amended. We do not support enforcement of immigration law of the type that would break families apart and allow children to remain in our country while their parents are deported.
We support programs that will allow foreigners to work or gain an education in our nation legally, provided they have obtained gainful employment or admittance to an accredited school; but do not support the idea that such programs should provide an automatic path to citizenship. We strongly encourage authorities to ensure that no guest worker or student overstays a work or education visa.
(The following could be a new plank.)
We do not support the selective enforcement of immigration law or any law when the sole basis for suspicion is race, religion, nation of origin, gender, age or sexual orientation. We believe that justice should be blind in such matters.
Posts
