Thread: More on: UT immigration-law duties for police

http://deseretnews.com/dn/view/0%2C1249 ... %2C00.html

Utah Legislature





Panel OKs immigration-law duties for police


By Deborah Bulkeley
Deseret Morning News

A bill that would enable some law officers to enforce immigration laws while doing their routine duty passed its first hurdle Wednesday but not without staunch opposition.
The House Law Enforcement and Criminal Justice Committee voted 6-3 to move HB105 to the floor after it was substituted to require the Department of Public Safety to enter into an agreement with the federal government for training to enforce immigration law. Local law enforcement agencies would have the option of participating.
Rep. Glenn Donnelson, R-North Ogden, said the Department of Homeland Security would pay for the training. That training would allow the officer to "interrogate" suspected illegal immigrants during routine stops and if deemed necessary, detain them. The officer would then have 24 hours to turn the suspect over to federal authorities.
"They do not go out on immigration raids ... they can still perform their duties efficiently," Donnelson said. "They're not out there head hunting."
Commissioner of Public Safety Paul Duncan said he felt more comfortable about the bill after speaking with officials in Alabama, where such an agreement has been in place since 2003.
He said officers would volunteer to receive the federal training and then be deputized to enforce immigration laws. Duncan those officers would use discretion, noting that pulling over a drunken driver would take priority over stopping a van suspected of carrying illegal immigrants.
"It's reactive only," he said. "The troopers are required to just do their job."
Duncan added that he would feel better about the bill if it were changed to give him the option, rather than require him to enter into the agreement. Donnelson said he'd consider that amendment.
Immigration and Customs Enforcement reports such agreements in other states have led to successful investigations, such as the arrest and conviction of 20 people in Florida, 18 of whom were undocumented, attempting to purchase fraudulently obtained state drivers' licenses.
However, those who voted against the bill raised concerns that it could lead to racial profiling and keep undocumented crime victims from calling authorities.
Rep. David Litvack, D-Salt Lake, said the bill would added to an already "huge" lack of trust between the law enforcement community and minorities and immigrants.
"If we want to pretend it's not a racial issue in its effect, then I believe we are putting our heads in the sand," said Rep. David Litvack, D-Salt Lake." We are going to create pockets of criminal activity, and we are going to create vulnerable individuals and families ... There is not going to be any victim of crime who is an undocumented immigrant who will report that to law enforcement."
The bill has also drawn the opposition of Attorney General Mark Shurtleff, who said Wednesday that he understands lawmakers' frustration at the lack of federal action on illegal immigration but said the bill would send the wrong message.
"The message we send by doing this to the federal government is don't fix this, we'll take care of the problem," Shurtleff said. "I think the answer is to put more pressure on the feds to do their job so we can do ours."
The bill has also drawn the opposition of the Commission on Criminal and Juvenile Justice, and most other members of the Law Enforcement Legislative Committee. Bob Yeates, acting director of CCJJ said he hadn't yet evaluated the substitute version.
Yeates questioned whether felons would have to be released to house undocumented immigrants if "a rash are arrested and incarcerated."
The bill was one of two dealing with illegal immigration heard in committee Wednesday. The other bill, HB131, was also sent to the House floor in a 10-1 vote by the House Judiciary Committee.
That bill establishes a civil penalty of at least $50,000 for those who commit identity document fraud to unlawfully establish legal status.
Rep. Karen Morgan, D-Cottonwood Heights, hopes that her bill, HB131, will curb illegal practices like people using children's Social Security numbers to get a job. The legislation would allow the Attorney General's Office to sue people who have committed ID fraud.
"It gives the office of attorney general the authority and the money necessary," Morgan said.
Morgan said the fiscal note may be the bill's biggest hurdle. It would require $381,600 each year for additional attorneys, investigators and related costs, plus $14,000 for one-time start up costs.
"There is a cost to this but we have a great surplus this year, and I think this is something Utah is concerned about," Morgan said.
Victims of identity theft would get first crack at any judgment collected. After victims are compensated any extra money would go back to the Attorney General's office.
Sheryl Allen, R-Bountiful, said the bill is a step in the right direction. "We do have a serious problem," she said. "I think this approach has merit."
Some on the committee wondered how effective the bill would be if those who use falsified Social Security numbers are undocumented workers, who could be deported before paying the damages.
"I don't see how we're ever going to collect the

That bill establishes a civil penalty of at least $50,000 for those who commit identity document fraud to unlawfully establish legal status

These people are not fooling around and want to enforce the law!

I wish the rest of the nation would increase the penalties.

The Federal Government has failed miserably at enforcing immigration law. Local citizens DESERVE to see our laws enforced. Why not let the local authorities help?

This whole idea of enforcement being a Federal issue is what got us into this mess. Something MUST CHANGE.

First step should be making the use of invalid Social Security numbers a FELONY.

City by City>/State by State we will take our Country back! Let many more follow Utah's example!

This is a good start, but I'll believe it when I read about it happening. Ogden used to be a very nice city and by us locals has been nicknamed "little Escondido". Like so many other towns across the US, when hords of illegals started moving in, housing prices dropped, neighborhoods started looking like 3rd world hell holes.
I'm glad to see this, and I hope Salt Lake Valley starts doing this as well.
There are already many towns surrounding SLC which I wouldn't dare go into at night without a platoon of green berets.

I am pleased that they are using local law enforcement to help enforce immigration law. ICE and Border Patrol cannot do it alone as they don't have enough staff. The problem is too large for them to handle it alone.
As for areas you don't want to go into at night, we have many of them in Miami Dade County. Thanks to hosting the Super Bowl the local law enforcement agencies have cleaned up some of those areas that aren't that far from Dolphin Stadium. I wish that this was an ongoing thing but with budgets and the already excessive proprty taxes it can't be done consistently. I bet the illegals will be out not far from the stadium selling cold bottled water.