Thread: UT-Local officials say immigration bill lacks funding

Sunday, 19 April 2009
Local officials say immigration bill lacks funding
Janice Peterson

Law enforcement officials from around the state have voiced concerns recently over parts of a newly passed immigration bill, but local departments say the only real problem with the bill is the lack of money to go with it.

Senate Bill 81 has three major aspects that tackle immigration issues, said Jeff Nigbur, spokesman for the Utah Highway Patrol. One aspect requires jails to check the immigration status of inmates and a second piece makes changes to driver license issues for immigrants. The third piece gives law enforcement the option to enter into a contract with federal agencies to cross-deputize and receive extra training on immigration issues, which is what may be difficult for agencies, Nigbur said.

"Right now, we don't have the resources to carry out that mission," he said.

All other aspects of the bill will be enforced by UHP, just as it enforces other laws of the state, Nigbur said. However, the huge budget cuts that have affected every agency make it impossible to spare extra deputies as immigration specialists. The department has lost 21 trooper positions, and various other positions have not been filled, Nigbur said. Immigration investigations take time and a lot of manpower.

"Right now, we can't afford to lose those people," he said.

In the future, cross-deputizing UHP deputies may not be out of the question, once the economy turns around. Nigbur said he expects that a handful of State Bureau of Investigations deputies could receive the training. Those deputies do not patrol the highways and are generally involved in investigation work.

Nigbur said he has heard a lot of false rumors about the bill, such as the belief that a van will show up in immigrant neighborhoods and round up those who are in the country illegally. The training from the bill would be a tool for officers to investigate those involved in crimes, he said. For UHP, that would generally involve the investigation of large van or SUV crashes that involve trafficking.

"By all means, it wouldn't be proactive," he said. "We've got plenty to do at the Highway Patrol."

Utah County Sheriff Jim Tracy said the sheriff's office will not be doing anything differently because of the bill. Inmates in the Utah County Jail already have their immigration statuses checked upon intake, and those who are in the country illegally are referred to immigration officials.

But Tracy said he has the same opposition to SB 81 as many other agencies. The office is down 23 positions, which leaves deputies scrambling to cover all the calls they receive without delays. Tracy said he never has as many men as he thinks he needs, so he certainly can't spare any now for training.

However, Tracy said he is not opposed to the measure itself. Illegal immigration is an issue he has dealt with throughout his career. Tracy said he once arrested an illegal immigrant three times in 10 days, and the man was deported each time.

"I consider it the No. 1 issue in the country, aside from the economy," he said.

Tracy said he is always concerned when legislation is passed with mandates in it but no tax dollars to enforce it. Without additional funding, business will continue as usual, which will include looking into the immigration status of arrestees, he said.

Representative Mike Noel, who was the House sponsor of the bill, said he has not understood the opposition to the bill. There are several features in the bill that are vital for enforcement, such as checking immigration status to help determine flight risk.

"I think it's a good bill, I just think there are clarifications we could have made," he said.

Noel said lawmakers and enforcement agencies need to discuss the bill and determine what conflicts are involved. He did not write this bill, but Noel said he would be happy to write a bill for the next session that would bring in some money for SB 81.

"If it is a money issue, we need to go back and get that funding for them," he said.


http://www.heraldextra.com/content/view/306411/17/

Immigration laws
April 19, 2009


The Utah Attorney General's Office issued a press release last week to explain some of the intricacies of two state laws that take effect July 1. The statement was necessary because of misunderstandings that had circulated about the laws as the implementation date has moved closer.

For example, the laws - Senate Bill 81 and House Bill 64 - do not require local authorities to be cross-deputized to enforce federal immigration laws. They do, however, authorize the AG's office to oversee a multi-agency strike force to detect and eradicate felony criminal activity related to illegal immigration, as well as to oversee a fraudulent documents identification unit.

As with almost all legislation, there are good and bad points.

On the positive side, the AG's office has some authority to combat the increasing problem of identification fraud and puts some teeth in the laws associated with violent crimes linked to illegal immigration. Sheriff's will have to make a real effort to determine an inmate's citizenship and sets requirements for public employers both to verify the legal status of new employees and to ensure that illegal immigrants are terminated from employment before workers who are in the country legally. SB81 also requires verification of legal residency before any federal, state or local benefits can be dispersed.

In concept, there is little to dislike in these laws. But there are some drawbacks on both sides of the immigration issue when the laws are put into practice.

Some people fear that the new laws will lead to racial profiling, and that is a very real concern. For example, a Latino person stopped for speeding may be asked to present his or her documentation. A white person stopped for the same offense wouldn't face the same scrutiny.

Anti-illegal immigration activists also disagree with parts of the laws. Most notably, they are disappointed that the requirements placed on public employers aren't expanded to businesses as well.

The laws are a first step in addressing the problems with illegal immigration, but they may be flawed. Careful attention will need to be paid to implementation to ensure rights aren't violated. It's not fair to put law enforcement officers in the position of possibly trampling on the liberties of law-abiding residents.

Unfortunately, a combination of government inaction and the lack of manpower to enforce the previous laws helped the problem escalate to the point where we are now: desperate for action of some kind in hopes that the problem can be brought under control.

http://www.thespectrum.com/article/2009 ... /904190302

Sounds like they're providing themselves the cover not to enforce these laws. If there was the political will amongst these leaders to enforce these laws, the resources would be found and the will of the people followed.

Funny, they never mention the cost of NOT enforcing our immigration laws.

A lot of good it does to pass laws that enforcement is going to find a way around or just out right ignore!! This crap has to stop, if they don't have the guts to enforce the law.....GET OUT OF LAW ENFORCEMENT!!!