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SALT LAKE CITY — A bill that backers describe as a "compassionate family-oriented pilot program" has been proposed as a replacement to a controversial guest worker bill that the Utah Legislature passed last year.
HB300, sponsored by Rep. Chris Herrod, R-Orem, would create pilot programs to deal with people who are in the country illegally because they have overstayed visas. But it also targets local police by withholding funding and yanking the Peace Officers and Standard and Training certification of police chiefs whose departments fail to enforce immigration laws.
Layton Police Chief Terry Keefe, chairman of the Utah Chiefs of Police Association, said Thursday that POST certification is needed "to be a law enforcement officer in any position in the state of Utah."
Salt Lake City Police Chief Chris Burbank said the bill, which has been dubbed the "Burbank law" because of his vocal opposition to local police acting as immigration agents, was "very disappointing."
"Why are we wandering down this road?" Burbank said, rather than wait for direction when the Supreme Court rules on Arizona's controversial immigration enforcement law.
If Herrod's measure is intended to be intimidating, it fails on its face, Burbank said. "It does not make me change my position."
HB300 would hinder police in their primary mission, Burbank said. Worse, such proposals unnecessarily spread fear among undocumented immigrants as well as families with mixed immigration status, he said.
"When local law enforcement is not protecting everyone and not accessible to everyone, we're not doing our job," he said.
If people view local police also as immigration agents, they will be reluctant to seek help when they are victims of crimes. "That's a scary situation. That's when criminal activity thrives," he said.
Because of the department's community policing efforts, the city's crime rate is at a 26-year low, "and this is despite a fairly large population of 'illegal immigrants' they're all worried about and this legislation supposedly targets."
- Would withhold funding and take away POST certification of police chiefs who refused to enforce Utah's immigration law.
- Would provide a pathway to legal status only for those individuals who have overstayed visas.
- Does not apply to people who have entered the country illegally.
Would withhold funding and take away POST certification of police chiefs who refused to enforce Utah's immigration law. Would provide a pathway to legal status only for those individuals who have overstayed visas. Does not apply to people who have entered the country illegally.
HB300 would apply only to people who have overstayed visas. People who entered the country illegally could not participate in the program, Herrod said, noting that legislation should not condone breaking the law.
Herrod, who is running for the U.S. Senate, said in a previous interiew that he would introduce the law as an "olive branch" to the Republican Party. Delegates at Republican Party county conventions throughout the state passed resolutions calling for the repeal of HB116, the guest worker bill passed last year.
The bill, if passed, would require changes in federal law before the pilot program could be implemented.
The program establishes two paths for people with expired visas to eventually regain legal status. One tier deals with married individuals with families or single parents who obtained a visa, let it expire, but have not committed any criminal offenses.
The second involves people with expired visas who have committed other offenses such as working when they were not eligible to do so or accepting government services. This group is subject to fines and would be expected to repay costs of government services they have used. They also would have to leave the country, and reapply for a visa.
Gov. Gary Herbert said he'll watch the legislation closely to "see whether I concur."
"It was always thought there was going to be some modification, some changes. That's why the implementation (for HB116) was for 2½ years later," he said Thursday during the governor's monthly KUED press conference.
"I guess I don't care where it's repeal and replace or modify and replace. I think you can get to the same place of an improved bill."
Whatever happens, Herbert said, he hopes there can be some reconciliation among the various factions on the issue.
The governor sidestepped a question about the bill's so-called "Burbank rule."
"I know there is a difference of opinion on what the local law enforcement people should be doing; that's part of the constitutional challenge we have on the law that is in court today," he said.
Herbert said states are saying if the federal government isn't going to enforce the law, they will. "I think that's the attitude here in Utah," he said.
Some police agencies like that and some don't, Herbert said. "If Chief Burbank doesn't, that's something we'll have to work through," he said.
Herbert also favors a tougher E-Verify law.
"The business community has got to step up. They cannot continue to be a magnet and an enticement and a reward for people that break the law. We can't say 'Come in here and break the law and we'll give you a job.'"Email:mcortez@ksl.com
