Utah immigration laws on hold

May 17, 2013

Utah immigration laws on hold

Article provided by Wasatch Legal, PLLC
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In 2011 the Utah state legislature attempted to take action to resolve its own immigration issues. At least two of the immigration-related measures that the legislature passed have yet to be implemented.

The enforcement law

In mid-February 2013 a federal judge heard arguments concerning the Utah law known as HB497. This law requires law enforcement officers to check on the immigration statusof anyone who is arrested for a felony or class A misdemeanor. Officers are also bound under HB497 to verify immigration status for people who are jailed for class B and C misdemeanors, and they are allowed under the law to verify status for anyone who is detained for a class B or C misdemeanor. HB497 allows some arrests without warrants.

The Utah law resembles an Arizona law that was partially struck down as unconstitutional. Some provisions strayed into areas of law that are preempted by, or exclusively reserved for, federal law. The Arizona law would have made it unlawful for an illegal immigrant to hold a job or seek employment. It also would have required legal immigrants to carry their documents and would have allowed police to arrest anyone on suspicion of being an illegal immigrant.

Defenders of Utah's HB497 claim that it differs radically from the unconstitutional Arizona law, while advocates arguing against it insist that the warrantless arrests it allows are a violation of constitutional rights.

The guest worker law

Another 2011 Utah law, HB116, provides guest worker status for some undocumented immigrants already living in Utah. Immigrants would have to pass background checks, pay a fine and take English classes before they could apply for a guest worker visa that would be effective within the state. The Utah measure is very similar to proposals President Barack Obama has suggested.

HB116 was to take effect in July 2013, but the Utah State Senate recently passed a bill that delays the implementation of HB116 for two years.

Along with several other states, Utah has officially adopted a policy endorsing a compassionate view in dealing with illegal immigration. Utah's policy statement, called the Utah Compact, was signed in 2010. While HB116 appears to further the principles of the Utah Compact, the state is likely to benefit from waiting to see what immigration reforms are implemented on the federal level. Costs of putting the bill into effect were estimated at $6 million, and it may not be necessary if national immigration policies change soon.

Policies are changing

Immigrants without documentation now living in Utah would be wise to consult with an experienced immigration attorney. With state and federal policies in flux, there are a number of uncertainties about immigration status, and an attorney will be able to provide the best advice.