Immigration Bills: Fact & Fiction

4:03 PM MDT, April 13, 2009
Utah Attorney General Mark Shurtleff is issuing a summary of two recently passed laws concerning illegal immigration. Senate Bill 81 and House Bill 64 become effective July 1, 2009.

"I will enforce these laws and expect all law enforcement agencies to comply," says Attorney General Mark Shurtleff. "There has been some confusion over one aspect of S.B. 81. It does not require law enforcement agencies to cross-deputize their officers to enforce federal immigration laws. However, the law provides a mechanism for local law enforcement officers to become certified immigration officers. Bottom line we want to do more to protect the citizens of Utah and anyone being preyed upon by violent felons."

Senate Bill 81

* Requires a sheriff to make a reasonable effort to determine a jail inmate's citizenship and to consider an illegal immigrant a flight risk when granting bonds.
* Forbids an illegal immigrant from getting a liquor license or private club license.
* Creates identification documents for U.S. citizens, nationals or legal permanent resident aliens and places time restrictions on documents when immigration status is in question.
* Requires public employers to use Status Verification System for new employees.
* Forbids public employers from firing a lawful employee while still employing an illegal immigrant.
* Requires verification of citizenship before providing federal, state or local public benefits.
* Requires the A.G. to negotiate a Memorandum of Understanding with the U.S. Justice Department or Homeland Security on how state and local officers can become eligible to enforce federal immigration laws.
* Makes transporting or harboring an illegal alien for financial gain a Class A misdemeanor.

House Bill 64 This bill authorizes the Attorney General's Office to oversee a multi-agency strike force. The federally funded strike force will include participants from U.S. Immigration and Customs Enforcement and state and local law enforcement agencies. The strike force will:

* Focus on detecting, investigating, deterring and eradicating violent and other major felony criminal activity related to illegal immigration and human trafficking.
* Oversee the Fraudulent Documents Identification Unit to investigate and prosecute crimes involving false identification documents for illegal immigrants.
* Provide an annual report to the Governor and Legislature by December 1.

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