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    Utah (2010)

    Utah (2010)

    Update: Passed e-verify March 15, 2010 - 23:44

    Utah
    The growing patchwork of E-Verify laws continues, with Utah and Virginia becoming the first states to pass bills mandating E-Verify participation in 2010. As with previous laws enacted in 2008-2009, these bills require certain employers to use E-Verify to check the work eligibility of new hires. Below is a brief synopsis of the new laws and requirements.

    Utah’s E-Verify law, the Private Employer Verification Act, requires all private employers who employ more than 15 or more employees as of July 1, 2010, to use a “status verification system

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    Pulling plug on in-state tuition will cost $1.5M
    State would lose out if undocumented students drop out.

    By Sheena McFarland

    The Salt Lake Tribune
    Updated: 02/27/2010 10:58:03 PM MST

    A bill that would repeal in-state tuition for children of undocumented immigrants may be dead before it ever gets a public debate this year.

    HB428 has been tagged with a $1.5 million cost estimate -- the amount of tuition that would be lost if the 400 identified undocumented students were to drop out because they couldn't afford to pay the higher out-of-state or international tuition.

    "It would take unanimous support from leadership to get a bill like that through," said Sen. Lyle Hillyard, R-Logan, who is Senate chairman of the Legislature's main budget committee. "With all the other cuts and reductions we're doing, it would have to have a very high priority."

    But HB428 is still awaiting a hearing in the Legislature, and even its sponsor realizes it would take a major push to get it through the House and Senate before the session ends March 11.

    "It could make it all the way through, but it may not be funded and go nowhere," said the sponsor, Rep. Richard Greenwood, R-Roy. "We have a little under two weeks. It's going to have to grow some pretty long legs."

    His bill is the sixth attempt to repeal the 2002 law, and this is the first year the specter of enrollment caps at schools such as Utah Valley University and Salt Lake Community College -- which also have the highest numbers of undocumented students -- has bolstered lawmakers' arguments to repeal the law.

    But the prospect of enrollment caps is nothing but "rumor and speculation" to activists such as Matt Bradley, a University of Utah instructor and member of the Magpie Collective, a group formed in opposition to the conservative Eagle Forum.

    "Greenwood says enrollment caps are going to happen, but from my point of view, and from schools I've talked to, there aren't any actual plans for enrollment caps," Bradley said. "If in-state tuition is revoked, the majority of those students will not be able to attend school. They simply can't afford it."

    The fiscal note is different each time the bill is presented because "the tone of the bill also affects the tone of the fiscal notes," according to Spencer Pratt, the legislative fiscal analyst who has calculated the bill's costs for the past few years.

    The majority of students would drop out of school if they had to pay out-of-state tuition, and there's no guarantee an additional 400 students would take their places, he said.

    "We're looking at system-wide soft caps," he said. "You can only offer so many sections, and when they fill up, you're out of luck."

    The $1.5 million loss to institutions of higher education is not something that Greenwood and bill advocates say will hinder its ability to pass.

    Ron Mortensen, co-founder of the Utah Coalition on Illegal Immigration, calls the fiscal note "ludicrous."

    "I look at it as a politically motivated action deliberately designed to kill the bill," he said. "I can't see why else it would be there."

    But he is trying to look at it as positively as he can, saying that if schools will lose $1.5 million, the state is actually saving about $3 million, because it subsidizes two-thirds of Utahns' higher-education costs.

    "If you've got a waiting list or are threatening enrollment caps," he said, "have the unemployed Americans who are coming back to school fill in for those 400 positions."

    http://www.sltrib.com/news/ci_14486435
    http://www.alipac.us/ftopict-189672.html
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    E-Verify bill clears Senate
    SB251 » Opponents say proposal won't solve illegal immigration

    By Cathy McKitrick

    The Salt Lake Tribune
    Updated: 03/05/2010 07:32:26 PM MST


    A bill requiring Utah businesses with 15 or more employees to verify the legal immigration status of job applicants passed the Senate Friday, but only after lawmakers stripped out proposed criminal penalties for companies in violation.

    Sponsored by Sen. Chris Buttars, R-West Jordan, the E-Verify bill, SB251, prompted heated debate on the floor before it was approved and sent to the House on a 24-4 vote.

    "The federal government has said that E-Verify will become the backbone against illegal immigration," Buttars said in defense of his bill.

    Sen. Ross Romero, D-Salt Lake City, opposed the measure even after the penalties were amended out.

    "There is no penalty for noncompliance, but that begs the question, why adopt a law without penalties?" he asked in an interview after the vote. "The benefits of SB251 will be small compared to the burden on businesses."

    Sen. Luz Robles, D-Salt Lake City, unsuccessfully tried to bump the threshold of employees in a business from 15 to 500.

    "The problem with E-Verify is that it's just a match between a name and a number," Robles said, cautioning that broad use of E-Verify will be discriminatory against women who change their names when they marry.

    "You will be creating a mess and a more complicated system for small businesses," said Robles, adding that she was a victim of identity theft herself. "This will not solve the problem of illegal immigration."

    If SB251 becomes law, businesses that use it would benefit by being exempt from prosecution if they mistakenly hire people who are in the country illegally, said Buttars.

    "It's like an insurance policy," Buttars said. "You're protected -- why wouldn't you want that?"

    http://www.sltrib.com/news/ci_14522129

    http://www.alipac.us/ftopic-190301-0.html
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    Utah Enacts Universal Mandatory E-Verify Bill

    By Jessica Vaughan, April 1, 2010

    Yesterday Utah Governor Gary Herbert signed a bill into law requiring Utah employers to use E-Verify to make sure their workers are legal. The bill passed both chambers of the legislature with large margins, making Utah the fourth state to require all employers to verify their workers (the others are Arizona, Mississippi, and South Carolina). Another 10 states require certain groups of employers, usually public agencies and contractors, to verify workers using E-Verify, and nine states have laws reinforcing federal law in other ways (for details, see here).
    http://www.lawlogix.com/E-Verify_Federa ... n_Map.html

    The bill attracted support from a broad base of constituencies, including a wide range of activist groups, small businesses, labor and a number of major business groups. Especially important was the strong support provided by “Tea Party

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