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Shurtleff leads immigration summit while feds mull lawsuit against HB 497

By Marjorie Cortez and Nkoyo Iyamba | Posted - Oct. 26, 2011 at 5:12 p.m.


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SALT LAKE CITY — The federal government will likely intervene in a lawsuit filed by civil rights groups over HB497, Utah's immigration enforcement measure.

"My gut says they probably will. I just get that feeling from them," said Utah Attorney General Mark Shurtleff, who met with top attorneys from the U.S. Department of Justice on Tuesday.

On Wednesday, during the Mountain West Immigration Summit at the City Center Marriott, Shurtleff said the federal government was under increasing pressure to join an existing lawsuit that challenges the constitutionality of the Utah law. The lawsuit was filed by the ACLU of Utah and the National Immigration Law Center.

Utah's law requires police to verify the immigration status of people arrested for felonies and class A misdemeanors as well those booked into jail on class B and class C misdemeanors. The law also says officers may attempt to verify the status of someone detained for class B and class C misdemeanors.

HB 497 highlights
  • Requires that an officer verify the immigration status of a person arrested for a felony or a class A misdemeanor and a person booked for class B or C misdemeanors and requires that an officer attempt to verify immigration status for a person detained for a class B or C misdemeanor;
  • Clarifies when passengers in a vehicle where the operator has been detained may also be questioned and their immigration status verified;
  • requires that a law enforcement officer may not consider race, color, or national origin, except as permitted by Utah and United States constitutions;
  • Requires verification of immigration status regarding application for public services or benefits provided by a state or local governmental agency or subcontractor, except as exempted by federal law;
  • Amends peace officer arrest authority to include making an arrest when the officer has reasonable cause to believe the person is an alien: subject to an immigration removal order.
  • The Utah law is qualitatively different than those of other states, in which the federal government has joined lawsuits. Shurtleff said the DOJ could send a strong message to state legislatures across the country by not intervening the Utah lawsuit because Utah's law is more moderate than those of other states.

    Faith groups, law enforcement, government and business leaders gathered at the summit to discuss immigration policy in the United States.

    A sticking point discussed at length during Wednesday's summit was the financial impact any stringent new immigrant laws have on local communities - like what is happening in Georgia.

    Paul Bridges is the mayor of a small agricultural community, heavily reliant on immigrant labor. That community has seen a significant and negative economic impact as a result of HB 87, an "enforcement only" law that bridges is critical of.

    "I knew, and several other people, economists and growers, knew that the bill would be devastating to the economy and it has been just that," Bridges said while on the Doug Wright Show.

    Bridges feared that if if skilled immigrant labor is afraid of deportation as a result of a law like HB 87 in Georgia, farmers might switch over to crops that require more mechanized production, like peanuts, to the detriment of the local economy.

    "Last summer in 2011, we've run into seasonal farm worker shortages," said Dave Petrocco, a vegetable grower in Brighton, Colorado.

    He wants his state to adopt the Utah Compact resolution on immigration.

    "I think if there were immigration reform and a guest worker program, it would solve that problem so that we could stay in business. Because right now our business is in jeopardy," Petrocco said.

    An economist from Idaho, Priscilla Salant said the immigrant population is growing tremendously in the Mountain West region. She presented the results of a 2009 study showing the impact of immigrant groups working in farming-dependent regions like south central Idaho. Salant says the economy there grew and diversified with immigrant workers.

    "For example, schools, or hospital, or the justice system. We did not find that the new labor systems have a negative impacts on the public sector," she said.

    Leaders of many states and communities agree something needs to change. The problem is that states who have acted could face legal action from federal authorities.

    Even now, Shurtleff is waiting to hear if Utah will be sued for tough enforcement laws passed in our state this year - which civil rights advocates contend go too far.

    While HB 497 was originally patterned after Arizona's controversial law, Shurtleff describes Utah's law as "Arizona-lite."

    Shurtleff has met with DOJ attorneys in Washington, D.C., and in Salt Lake to explain Utah's law. Shurtleff said he believes that DOJ officials appreciate that Utah's law is different than measures passed in other states.

    Ideally, Shurtleff would like the DOJ to conclude "there's already litigation out there. We don't need to get involved."

    Xochitl Hinojosa, DOJ public affairs specialist, said "the department continues to review the Utah immigration law, as well as other immigration-related laws that were passed in several states."

    If the federal government does intervene, Shurtleff said he hope it does before a Dec. 2 court hearing before U.S. District Judge Clark Waddoups. State attorneys plan to ask U.S. District Judge Clark Waddoups to allow Utah's immigration enforcement law to take effect.

    Meanwhile, Utah Senate President Michael Waddoups, R- Taylorsville, said Wednesday the attorney general "is trying to convince the federal government we're part of the solution, not the problem here."

    Speaking on SLCCTV's new program, "Capitol Voices," the Senate leader said Utah officials "emphasized to them yesterday that the federal government has failed us. We feel this is true."

    He said the federal waivers needed to implement a controversial guest worker program passed last session were part of the discussion. The waivers, Waddoups said, will "make sense for Utah."

    Both Waddoups and House Speaker Becky Lockhart, R- Provo, said on the program that they did not expect a repeal of the guest worker program next session, despite a call earlier this year for a repeal by delegates to the state GOP convention.

    "Half the senators would go one way and half would go the other way," Waddoups said. He said he expected some sort of modification to the legislation, rather than an outright repeal or no action.

    Lockhart said it was tough to be sure because she hasn't polled House members, but agreed that "an outright full repeal is probably not as likely as amendments or changes to the legislation."

    She said the House "hasn't changed significantly from last session, when we passed the legislation. Generally, people like to stick to their vote."

    Written by Marjorie Cortez and [Nkoyo Iyamba](<mailto: niyamba@ksl.com>) with contributions from [Lisa Riley Roche](<mailto: lroche@ksl.com>) and [Dennis Romboy](<mailto: dromboy@ksl.com>)

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