New Utah Immigration Law Challenged on First Day of Enforcement

by admin on May 12, 2011

A new Immigration bill being enforced in Utah as of Tuesday grants police officers the right to request proof of citizenship of anyone they arrest. There is already a hearing concerning the new law scheduled on Tuesday afternoon, where the presiding judge may decide if the law should be enforced or not.

House Bill 497, as the law is now referred to, requires individuals to prove their citizenship if they are arrested for crimes such as murder or drug-related offenses. However, the police may also have the discretion to ask for proof of citizenship if an individual is involved in traffic infractions and smaller offenses.

Statements have been made about the similarities between Bill 497 and the Arizona Immigration law that has caused rigorous debate as it proceeded through the courts.

If the law in Utah is enforced, officials from the American Civil Liberties Union and National Immigration Law Center state that it could pave the way for racial profiling and the unlawful arrest and detention of U.S. citizens. These two groups filed a lawsuit last week to challenge the constitutionality of the law.

Law enforcement officials, on the other hand, do not expect big changes to occur due to the implementation of this law. Due to a law passed in Utah in 2008, the citizenship status of individuals arrested for drunk driving or a felony is already checked. The new law pushes the limits of the former law by allowing police offers to arrest people for minor offenses if they can not provide proof of citizenship.

This aspect of the new law has caused fear in the Hispanic community, and the police department is receiving updates from rape crises centers and shelters that victims refrain from alerting the police due to deportation fears.

Two other immigration laws were also effected on Tuesday. The first would allow an individual to sponsor an immigrant to come to the USA if they can accept financial liability for that person, including any medical costs, transportation and housing costs.

The other law would provide permission for employers in Utah to hire temporary workers from a Mexican state. Negotiation of this agreement between the two states is still pending.

Lastly, yet another immigration law in Utah that will not be effected until 2013 will allow illegal immigrants to remain in the state.

These four measures have been deemed the Utah Compact, with backing from the Utah business community and local religious leaders as a method to balance economic realities in the state with enforcement provisions. Critics of the Compact state that it could infringe on Amnesty laws, particularly in reference to the guest worker program in the USA.

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