The Immigration Policy Center’s blog, Immigration Impact, has an interesting post today on Utah’s new immigration bills, and while unique and on the surface not as scary as Arizona’s legislation, if a guest worker program doesn’t happen, the end result could be just as nasty as SB 1070:

Late Friday night, the Utah Legislature passed three immigration-related bills that now go to the Governor for his signature or veto in the coming week. While some may be quick to celebrate Utah’s unique approach to immigration, others are left wondering whether these bills are all they’re cracked up to be.

The first measure (HB 497) is an SB1070-inspired immigration enforcement bill that would go into effect in early May if signed by the Governor. It presents many of the same concerns people had about Arizona’s SB1070—that it would allow local police to enforce federal immigration laws to the detriment of public safety, rack up high implementation costs, threaten racial profiling, and damage the state’s reputation.

The second bill (HB 116) establishes Utah’s own “guest worker program” which would take effect on July 1, 2013 or 6 months after the federal government grants Utah a “waiver,” whichever is sooner. It’s very unlikely that this provision is constitutional because only the federal government can grant visas and work authorization. No such waiver currently exists, and the question of whether or not the federal government would allow Utah to move forward remains uncertain. While Utah’s effort is creative, allowing each state to create its own guest worker program is not the federal solution that is needed.

The third bill (HB 466) authorizes the Governor of Utah to enter into a pilot-program with Mexican state Nuevo Leon to facilitate applications for migrant worker to come to Utah through the normal federal process.

However well-intentioned Utah legislators are in their approach to immigration, it does not appear that these three bills solve the larger problems facing Utah or other states. In fact, Utah may be opening a bigger can of worms than Arizona did last year.

While Utah’s early policy discussions were seemingly guided by the principles behind the much-lauded Utah Compact, questions remain on whether the end result is as revolutionary as the legislators behind it like to think it is.

The question of whether or not a guest worker program can be implemented at the state-level is difficult to answer. The immediate red flag here, however, is HB 497 and the harsh enforcement-only provisions that would be implemented beginning in May with no guarantee that the other parts of the compromise would be realized.

We can all agree that states are bearing the burden of a failed federal system, but state legislators should take great caution in taking these matters in their own hands.

Senate President Michael Waddoups reportedly said “We’re set with immigration,” after the bills passed Friday night. Well, the bad news is, passage of these bills is not the end of the story for Utah, it’s just the beginning.

4 replies on “Utah May Not Be Immigration Utopia”

  1. “It’s very unlikely that this provision is constitutional because only the federal government can grant visas and work authorization. No such waiver currently exists, and the question of whether or not the federal government would allow Utah to move forward remains uncertain. While Utah’s effort is creative, allowing each state to create its own guest worker program is not the federal solution that is needed.” OK, So where is the Attorney General of the US, and why is he not suing Utah for attemptiing to regulate immigration; a federal responsibility? And how can a legislature pass a lwa to request a ‘waiver’ where no such waiver exists?

  2. Nowadays it is bad news for all those illegal nationals who entered this country, without permission. State laws are tightening up, as the feds have refused to tackle this battle ground Issue. A few States are going against the grain of most US citizens and legal residency. Those particular States as Utah and Washington State are soon going to be painfully aware, as the word gets around of poorly enforced laws. Supplementary States that are leaving the illegal alien floodgates open will also be paying dearly, which means fiscal suffering for their legal people. Better be ready for an onslaught of economic thunder as they head your way? It will not be pleasant as Americans will unseat the pro-illegal alien politicians, who crushed any chance of constructive restrictions. California–the well and truly tested Sanctuary state must now pick the pockets of taxpayers again, because illegal workers and families have flooded in and drained part of the 46 billion deficits the state is facing.

    This also goes for billions of welfare dollars spent in the illegal alien high population state of Nevada. But now with a few more less restricting States, thousands will constantly leave the original policing State of Arizona and head outwards? As with Governor of New Mexico who has been less happy with the circumstances of handing out drivers licenses under the previous Governors watch of Gov. Bill Richardson and therefore many will also pack up and move on from there. Currently illegal migrants and immigrants have unlimited access to welfare entitlements, schooling and free health care and Include the obvious costs of jail and imprisonment. Birthright citizenship will be having its day in court. Even if it is not amended, the parents–HAVE NO RIGHTS TO STAY–and should be deported. The bill currently has 68 cosponsors and will amend current U.S. code to entail at least one parent to be a U.S. citizen or legal permanent resident for a new born to obtain automatic citizenship.

    You as a heavily laden taxpayer should incessantly harass your representative and demand their sponsorship for an amendment. Another controversial bill that will also save federal and State taxpayers is ending “Chain Migration.” There is a mounting list of 21 co-sponsors for Rep. Phil Gingrey’s Nuclear Family Priority Act (H.R.692) that would end chain migration. H.R.692 would purge all family-preference visa classes, except for spouses and minor children, and creating a renewable visa class for parents. Of course the radical Liberal other side under the pretense of polling people by the University of Texas and Texas Tribune has addressed the subject of 14th Amendment. Not only did these two parties misinform the public being asked, but also misrepresented the act of the birthright citizenship law. Anybody can engineer the questions asked to get a favorable answer in any poll.

    Something that the Leftists progressives have intentionally forgot in their radical diatribe, that although The Fourteenth Amendment extends citizenship to all persons born in the U.S. and “subject to the jurisdiction thereof”; but it also grants Congress the power to enforce and define the necessities of the amendment. The US Constitution also grants us free speech. So if you are against supporting financially anymore the illegal immigration invasion? First you can join NumbersUSA and not only fax for free the Congress, but join millions of Americans who want to halt this continuous travesty by Liberal politicians. You can also become a member of the local TEA Party with a huge influence gaining momentum in Washington, to stop the Tax and Spend Liberal-Democrats.

    Add your voice to the uncountable numbers of people who are fed up with illegal’s stealing their jobs, lowering wages. Here is also the Washington Switchboard number 202-224-312 to bombard your unconcerned Senate and House. Personally, I’m thoroughly frustrated and furious that we must educate the children of illegal immigrant, and pay for their health care; when we cannot even pay for our own families needs?

    News of Today: America has the biggest deficit in US history and owned financially by China.
    SAVE YOUR JOBS! Buy American, if it’s possible.

  3. Guest workers program is the soul purview of the Federal Government. They can try, but I would bet a bundle they don’t get it. However.. this..

    Illegal immigration’s toll on (California) state’s deficit

    http://www.vcstar.com/news/2011/mar/06/ill…

    Rep. Lamar Smith, R-Texas, is the chairman of the House Judiciary Committee and Rep. Elton Gallegly, R-Simi Valley, is chairman of the Immigration Policy and Enforcement Subcommittee.

    California is faced with a monstrous deficit and the real possibility of insolvency. Once the land of new beginnings and the embodiment of the American dream, the Golden State is now expected to have a $25 billion budget shortfall by June 2012. And the state has the second highest unemployment rate in the United States.

    According to a study conducted by the Federation for American Immigration Reform (FAIR), illegal immigration costs California nearly $22 billion each year. This amounts to $2,724 per California household to pay for the health care, education, welfare and incarceration of illegal immigrants.

    The House Judiciary Committee stands ready to put an end to the jobs magnet. One of our first steps has been to examine the Obama administration’s record on worksite enforcement. Overall, worksite enforcement under the Obama administration is down more than 70 percent. That means it is easy for illegal immigrants to keep jobs that rightly belong to U.S. citizens.
    ================================
    Things are cooking very nicely. Clearly we need a new President to get this mess under control, and if we don’t third degree at the town halls for immigration attitude, we will deserve what we get.

  4. And while everyone was looking to the south, a new threat has come from the west. In the golden state they have found birthing centers setup in neighborhoods for the express purpose of providing a place for rich Chinese women to come to the U.S. to give birth to a U.S. citizen. The flow of pregnant women in and out of the homes was the only clue as to what was going on. Every daythey find more, and the fine for this is $800 for a code violation. A small price to pay to insure your son or daughter came come back to the US for free education, medical care and guarantee their return as a dependent of a US citizen.

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