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02-15-2013, 02:18 PM #1
Utah's immigration enforcement law in court
Utah's immigration enforcement law in court
2013-02-15T09:06:00Z
The Associated Press
2 hours ago
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SALT LAKE CITY — Utah's immigration enforcement law is scheduled to be back in court Friday morning.
U.S. District Judge Clark Waddoups will hear oral arguments Friday at 10 a.m. in the first hearing since February 2012. After the last one, Waddoups announced he would wait to rule on the constitutionality of Utah's enforcement-only law until after the U.S. Supreme Court weighed in on Arizona's law.
In June, the Supreme Court issued a split ruling on Arizona's law. The ruling struck down several key provisions, but upheld a section requiring police to check the status of people they suspect are in the country illegally.
Utah's measure, HB497, is one of several around the country mirrored after Arizona's. It requires police to check the legal status of people arrested for felonies and class A misdemeanors.
The bill was signed into law in 2011, but was blocked by the courts shortly after.
http://www.heraldextra.com/news/local/govt-and-politics/utah-s-immigration-enforcement-law-in-court/article_80591724-7776-11e2-ae6e-0019bb2963f4.htmlNO AMNESTY
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02-16-2013, 01:30 AM #2
Judge grills state on purpose of Utah’s immigration law
By david montero
| The Salt Lake Tribune
First Published 8 hours ago • Updated 8 minutes ago
Over the course of two hours Friday, U.S. District Judge Clark Waddoups asked a variation on the same question several times to Utah Assistant Attorney General Phil Lott about the state’s enforcement-only immigration law.
"[You] have the same right to do what you’re already doing, so why do we need this statute?" Waddoups asked.
Lott said HB497 was a "complement" to federal law — a statute that reinforced a cooperative partnership between U.S. Immigration and Customs Enforcement and local police designed to nab illegal immigrants.
Lawyers with the Justice Department and the National Immigration Law Center argued it promotes warrantless arrests, creates confusion among police amid a patchwork of criminal classifications across 50 states and endangers legal residents who may unknowingly violate the law by taking an undocumented immigrant child to school.
"We think the judge had real questions for the state today," NILC attorney Karen Tumlin said. "To make sure individuals aren’t deprived of their liberty without probable cause for their arrest."
Waddoups — who ordered the oral arguments as well as a series of briefs in the wake of the U.S. Supreme Court ruling on Arizona’s enforcement-only law, SB1070 — will now weigh everything and issue a ruling. He gave no time frame for issuing a ruling.
In the meantime, the law passed by the Utah Legislature in 2011 and sponsored by former Rep. Stephen Sandstrom, R-Orem, remains under an existing restraining order keeping it from taking effect.
The law was signed — along with four other bills — by Gov. Gary Herbert that same year amid a rising tea-party movement to crack down on illegal immigration and little sign of comprehensive immigration reform coming from the federal government.
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