http://origin.sltrib.com/ci_5082604

Immigration activists leery of pending bills
In effort to crack down on those in Utah illegally, measures target driving privileges, in-state tuition
By Jennifer W. Sanchez
The Salt Lake Tribune

Article Last Updated:01/25/2007 09:07:27 AM MST

Trying to join several states that have passed laws to crack down on illegal immigration, a pair of Utah lawmakers - a Republican and a Democrat - have five such bills pending before the Legislature.
The bills vary from repealing a law to provide driving privilege cards for undocumented workers to making sure the state seeks federal reimbursement for costs that result from illegal immigration. A legislative state audit also is scheduled to find out how much it costs to educate undocumented students in Utah schools.
Some Latino activists say they're concerned that the proposed legislation is spreading fear within the community. They also worry that lawmakers are slowly trying to get rid of any services for undocumented workers even though they pay taxes in Utah.
"It sounds like the hunt for the undocumented," said Archie Archuleta, Utah Hispanic/Latino Legislative Task Force co-chairman.
But others say that it's about time that state lawmakers are trying to take care of problems resulting from illegal immigration, including the cost of medical services and of undocumented students.
"It's really been long overdue," said Mike Sizer, who heads Utahns For Immigration Reform and Enforcement. "I'm glad to see that legislators are now listening to the public . . . to clamp down more on illegal immigration."
Rep. Glenn Donnelson, R-North Ogden, is sponsoring three bills. The most high-profile one would repeal a law that allows eligible undocumented students to pay in-state tuition at the state's nine public colleges and universities. Another bill would repeal a law that allows undocumented workers to apply for a driving privilege card to drive legally in Utah.
Donnelson also is pushing a bill to allow state and local law enforcement officers to perform certain duties of federal immigration agents. Donnelson said he got the bill idea from officers and troopers who say they are frustrated because they can't arrest people here illegally. He based the bill on similar legislation in Alabama and Florida.
Donnelson said he is not concerned that such a law will lead to racial profiling, saying "it is not head hunting."
Virginia Kice, a U.S. Immigration and Customs Enforcement (ICE) spokeswoman, said she doesn't understand why Utah would have to pass a law because any law enforcement agency in the country can set up an agreement with ICE.
Under federal law, local and state law enforcement agencies can work out an agreement with ICE under the 287(g) program. The process takes a few months, and ICE pays for the four-week training for officers, she said. There are about 200 law enforcement officers in several states that are trained as ICE agents, Kice said.
Utah Attorney General Mark Shurtleff said he doesn't support the bill because law officers already are busy enforcing state and local laws. He also said law enforcement already works with federal agents on cases involving illegal immigrants.
"The answer is to let the federal agents do their job and let us do our job in Utah," Shurtleff said.
The Law Enforcement Legislative Committee doesn't support the bill either, a Utah Department of Public Safety spokesman said. He added that department officials have questions about how the agreement would work with the federal government.
Rep. Karen Morgan, D-Cottonwood Heights, is sponsoring two bills. One would complement state criminal laws on identity fraud with a civil penalty with a minimum $50,000 fine. The measure - similar to a law passed in Colorado last year - targets people who are making or using fake documents that establish U.S. legal status, said James Wilson, a legislative attorney.
The other bill mandates that the state seek reimbursement for the total cost of illegal immigration, such as educating students, medical assistance and incarceration, Wilson said.
Illegal immigration "is a financial burden to the citizens of our state," Morgan said.
Archuleta said he and other Democrats were not surprised to see such legislation coming from one of their own because Morgan had been talking about it for months.
"We're very disappointed and think that she's made a mistake," he said.
A lawmaker also requested a legislative audit about two months ago to determine how much it costs to educate illegal students in Utah schools, said Utah Legislative Auditor General John Schaff. The lawmaker's identity will remain confidential until the audit is released. Morgan says she did not request the audit.
Schaff stressed that the audit is not trying to find out which students are undocumented or their numbers in Utah schools.
"I don't think the audit is trying to infringe on anyone's rights," he said.
State education department officials said schools can't ask for U.S. documentation because federal law mandates that all students can go to school.
The Latino task force filed a complaint on Tuesday with the U.S. Office for Civil Rights against Schaff, saying he is violating federal law.
jsanchez@sltrib.com





Anti-immigration bills at the Legislature

Bills sponsored by Rep. Glenn Donnelson, R- North Ogden:
* HB 224
Would repeal a law that allows eligible undocumented students to pay in-state tuition at state universities and colleges. Last week, the House Education Committee voted 9-5 in favor of the bill.
What's next: Goes to House floor for debate
* HB105
Would allow state or local law enforcement officers to perform certain functions of a federal immigration officer, such as arrest undocumented immigrants.
What's next: Goes before the Law Enforcement and Criminal Justice Committee
* HB220
Would repeal a law that allows undocumented immigrants to get a driving privilege card. All driving privilege cards also would expire this year.
What's next: Needs to be assigned to a House committee

Bills sponsored by Rep. Karen Morgan, D-Cottonwood Heights:
* HB131
Prohibits a person from using or providing fake documents to establish U.S. legal status.
What's next: Needs to be assigned to a House committee.
* HB320
Mandates that the state seek reimbursement from the federal government for costs that have to do with illegal immigration.
What's next: Needs to be assigned to a House committee.