States take on immigration
Legislators join push for reform at the state level
Under Utah bill, legal status would be checked on public-job applicants
By Jennifer W. Sanchez
The Salt Lake Tribune
Article Last Updated: 10/14/2007 03:46:31 AM MDT
http://www.sltrib.com/news/ci_7174471



During his 15 years as a Utah lawmaker, Sen. Bill Hickman has never sought any immigration legislation - until now.
The St. George Republican recently requested that a comprehensive anti-illegal immigration bill be drafted, similar to a new law in Oklahoma. That state's "Taxpayer and Citizen Protection Act of 2007" requires the verification of immigration status for people applying for public jobs; families seeking some state and local benefits; and those who are arrested.
"Since other states are picking up the responsibility, I thought it was time Utah did the same," Hickman said last week.
Hickman and other Utah lawmakers say they are joining their colleagues nationwide in writing legislative solutions to curb illegal immigration because the U.S. Congress has failed to do it.
Immigration bills have only come up at the Utah Legislature in the past few years. During the 2007 session, about a half-dozen anti-illegal immigration bills were offered by lawmakers from both parties. None was approved.
So far, there are three "immigration" or "illegal aliens" bill requests by Hickman and Rep. Karen Morgan, D-Cottonwood Heights, for the 2008 Utah Legislature.
Senate President John Valentine, R-Orem, and other lawmakers said immigration will be one of the top issues, along with education and health care, when the session starts in January.
"I get jumped by people in my area" who ask why we haven't done anything about illegal immigration, Valentine said. "The federal government has failed to take action, and this is becoming a profound problem."

States tackle immigration
This year, just about every state has approved some kind of legislation related to immigration.
As of July, more than 1,400 proposals related to immigration had been introduced among the 50 state legislatures. Of those proposals, 182 bills became law in 43 states, according to the National Conference of State Legislatures (NCSL).
The number of bills approved by state lawmakers more than doubled from 2006 to 2007, according to an NCSL report released in August. Those laws focused on employment, health, identification, licenses, law enforcement, public benefits, education and human trafficking, the report said.
In Arizona, a bill signed into law in July forces employers to verify whether their employees are legally in the country. If employers are found to employ undocumented workers, the employers' business licenses will be suspended; a second offense can result in a permanent revocation, according to the Arizona Governor's Office.
In hope of passing a comprehensive anti-illegal immigration proposal in Utah, Hickman filed a bill request about a month ago that is to be "closely tailored" after the Oklahoma bill signed into law in May. He said illegal immigration in southwestern Utah is a big concern and a problem that residents there consistently complain to him about.
"We as citizens are expected to obey the laws, but then we have a segment of our community [that] is not expected to obey the law," Hickman said. "Two different standards are being applied."
The Oklahoma law calls for public employers and their contractors to verify their employees' immigration status. It authorizes the attorney general to negotiate an agreement among federal immigration enforcement officials and state and local law enforcement agencies. It allows some undocumented college students to pay in-state tuition as long as they can prove they are trying to seek legal status.
Hickman said a similar law in Utah is needed to help control the attraction of undocumented workers and their families to the state, as well as to help with enforcing immigration laws.
"It will give us a reasonable approach to recognize and identify those folks who are here illegally," he said.

Some state lawmakers who have traditionally supported anti-illegal immigration legislation say they need to see the bill before they know whether it would be a good law for Utah.
"Language can make such a difference," Morgan said.
Bills related to issues in the Oklahoma law - such as verifying citizenship or immigration status for state and local benefits and for people seeking jobs - already came up during last year's legislative session. They all failed.
In addition to Hickman's bill request, Morgan has opened up two bill files, one on document fraud and another that seeks federal reimbursement for educating illegal immigrants. She said she's also looking into other ideas.
"It's just a matter of getting it done," Morgan said.
Rep. Glenn Donnelson, R-North Ogden, has tried for years to repeal a law that allows some undocumented students to pay in-state college tuition in Utah. He said he doesn't know if he'll try again; he's still thinking about what proposed bills he's going to make a priority in 2008.
Donnelson said he will likely support Hickman's bill and sponsor it in the House if asked.
"I'll sure take it, you bet," Donnelson said.
Utah Minuteman Project spokesman Eli Cawley said Hickman's proposal is a good start, but it has to have more substance. He said he would like the proposed bill to repeal the state driving privilege card for mostly undocumented immigrants and the in-state tuition for undocumented college students, as well as force public and private businesses to verify their employees' legal status.
"They walked across the border. Then they can walk back if we take away the freebies," said Cawley, who oversees the anti-illegal immigration group.
Immigrant advocates said they're expecting more immigration-related bills to come up in Utah as a result of people's frustrations with Congress and the federal government.
"But, we don't want to see state legislators taking something into their hands that belongs to the federal level," said Antonella Romero Packard, a Utah Hispanic/Latino Legislative Task Force member.
She said her biggest concern with the Oklahoma law is the agreements among the immigration and state and local law enforcement agencies because so many Latinos, legal and illegal, are already scared by such officials.
"The role of law enforcement is to keep us safe," she said. "I can't imagine anyone would be happy by this" in the Latino community.
jsanchez@sltrib.com


The Oklahoma Taxpayer and Citizen Protection Act of 2007 was signed into law in May. A Utah lawmaker has requested that a bill be drafted similar to the Oklahoma law. The proposed Utah bill:
* Would stipulate that the citizenship or immigration status of everyone who is arrested be checked.
* Would require public employers and their contractors use a federal verification system to verify the employment authorization of new employees. There are no sanctions for businesses that hire undocumented workers.
* Would demand that the citizenship or immigration status of everyone who applies for most state and local benefits is verified.
* Would authorize the state attorney general to negotiate agreements among federal immigration enforcement and state and local law enforcement agencies.
* Would allow some undocumented college students to pay in-state tuition as long as they can prove they are trying to seek legal status.
* Would deny state driver licenses and identification cards to people who can't prove their legal status.
Source: Oklahoma HB 1804 summary * To review the National Conference of State Legislatures report titled "2007 Enacted State Legislation Related to Immigrants and Immigration," go to http://www.ncsl.org/ programs/immig/2007Immigration831.htm