Illegal Immigration in Utah

In my meetings with state delegates, one of the topics raised most frequently was illegal immigration. The delegates I spoke with are concerned that the immigration laws of the United States are not being enforced effectively, and that this failure results in significant economic and social costs to citizens legally living in Utah and other states.

The messages that I heard repeatedly were that the United States needs to adequately police illegal border crossing into the country and that immigrants currently living in the U.S. who did not enter through proper legal procedures should be required to come into compliance with all immigration laws.

Enforcing U.S. immigration laws and punishing violations of those laws are matters that are primarily responsibilities of the federal government. In fact, the United States Constitution prohibits individual states from regulating the immigration of people into the country. Only Congress has the power to set policies and procedures for immigration and naturalization.

Because it is apparent, however, that Congress is not effectively regulating illegal immigration, and that federal officials have proven unable to enforce the immigration laws that are on the books, many state legislatures, including Utah's, have begun passing laws to address the effects of illegal immigration. In the 2008 legislative session, the Utah Legislature passed a comprehensive bill dealing with illegal immigration.

This bill: 1) requires county sheriffs to investigate the immigration status of jail inmates; 2) prohibits the issuance of an alcoholic beverage dealer license to illegal immigrants; 3) allows public agencies to create identification cards for employees and patrons to verify legal immigration status; 4) requires public employers to verify the legal immigration status of all prospective employees and contractors; 5) prevents the firing of a legally-present employee by any employer if an undocu mented alien is allowed to remain employed in the same job category; 6) requires state agencies to verify the legal immigration status of recipients of public benefits; 7) requires the state attorney general to enter into an agreement with federal officials to use local law enforcement officers to enforce federal immigration laws; 8) establishes a state agency for prosecuting the creation of fraudulent identification documents; and 9) makes it a crime to transport, harbor or shelter an illegal alien within Utah (but exempts charitable or religious organizations from this restriction).

Significantly, this bill was passed with a delayed effective date of July 2009. Legislative leaders explained that the purpose for the delayed implementation is to give Congress and federal officials time to enact policies of their own that may make the Utah provisions unnecessary.

My Stance on This Issue

I support measures such as the 2008 Utah legislation to help enforce our nation's immigration laws, and I will vote to retain its provisions when asked to do so insofar as federal inaction makes this necessary. I believe that ultimately Congress must take the lead in this area, because state-by-state legislation will be inconsistent, piecemeal, and subject to legal challenge.

But states such as Utah need to keep up the pressure on Congress by enacting these types of state regulations to send a message that the federal government needs to do its job of enforcing the laws currently in place.