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Greg Siskind on Immigration Law and Policy

UTAH HEADS IN DIFFERENT DIRECTION THAN ARIZONA

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Utah legislators passed two measures Friday that set the state on a different course than Arizona. One measure is an enforcement one and would require police to check the immigration status of those stopped on suspicion of committing felonies and misdemeanors. The measure's most controversial provision - an Arizona-style section allowing police to stop people based on a "reasonal suspicion" that the person is illegally present - was removed.


The bill is making headlines as well for inclusion of a guest worker provision that will allow the state to issue two year work permits to persons illegally present in the state if they pass a criminal check and pay a $2500 fine. The bill calls on the governor to negotiation a waiver from the federal government to permit the program but also allows the state to proceed even if the federal government refuses.


While it is encouraging to see conservative Republicans recognize the need for compromise on dealing with the illegally present immigrant population, the fact is that the bill is probably unworkable and likely unconstitutional. For the same reason states cannot make their own immigration enformcement progams, they also are not authorized to establish their own work programs. It's the federal government's sole responsibility. Yes, the federal government can delegate responsibilities to the states. But if it does not, then states are not authorized to act on their own.


What might be interesting, however, is if the Obama Administration and Congress are interested in working a deal with Utah so the constitutional question could be sidestepped. I'm not sure how this would work - and I'm not sure those in Utah understand either - but it certainly will be interesting to follow developments.

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Comments

  1. John Lamb's Avatar
    The idea of delegating the federal government's powers of admission and adjustment is growing on me.

    The easiest way to make it work would be for the federal government to give a certain number of visa slots to each state - X admissions and Y adjustments, for example. Each state would set its own eligibility standards and decide whether, how many, and how to authorize admissions and adjustments within that numerical cap. Some minimum federal requirements would apply, but the delegation would leave most of the decision in the hands of the state.

    Ideally, the state-level work would be done by the executive branch - the governors - so the program would have the necessary flexibility to react to market forces and other needs and desires of the state. The primary function of the legislative body would be to decide whether to grant the governor this authority.
  2. Another Voice's Avatar
    Lou back to his old tricks....


    Lou Dobbs Fox Business Show, 'Lou Dobbs Tonight,' Starting March 14

    http://www.huffingtonpost.com/2011/03/03/lou-dobbs-fox-business-sh_n_831033.html
  3. Another Voice's Avatar
    This is going to be ticky also in the sense that the immigrants will be asked to pay the $2500 fine but yet the work permit is only for 2 years....what happens after that!!! What about if later the Federal Government acts on Immigration(you can laugh now!!!) they would be ask to pay a Federal fine also.... Then if their permits are not renewed in 2 years they can be turned over to ICE or the local cops can scoop them up themselves as they would have all their info. I seriously doubt that Immigrants would trust the local government, specially one run by republicans!!! These folks may be poor but are not stupid....
  4. George Chell's Avatar
    May be if Obama falters we should think of Huntsman as a possible Presidential candidate!
  5. George Chell's Avatar
    The fact that fox is employing Lou Dobbs makes it clear that Murdoch is only giving lip service to legalization or any form of immigration reform!
  6. Legal and no longer waiting's Avatar
    Interesting. So, when Utah lawmakers wrote this, what kind of immgration status do they think these people will be in? What if they entered illegally and inadmissible for any status? Are they still deportable?
  7. ?'s Avatar
    @GeorgeCHell Here is an article which will help in your decision process OBAMA or Huntsman.

    Former Obama immigration official blasts administration, Congress http://centerforinvestigativereporting.org/blogpost/20110304formerobamaimmigrationofficialblastsadministrationcongress
  8. Adi's Avatar
    Do you need H1b visa to work in Utah now or is it free for all (assuming this law holds ground)?

  9. Another Voice's Avatar
    "Interesting. So, when Utah lawmakers wrote this, what kind of immgration status do they think these people will be in? What if they entered illegally and inadmissible for any status? Are they still deportable?"

    Or can the federal government seized all immigrant records held by the state and then show up at their door.....
  10. Frank W.'s Avatar
    if Utah Governor Gary R. Herbert signs into law this immigration reform bill, do not be surprised that other states in the union (most likely the majority) will follow the same path in the coming months. In fact, if California -the most populous and powerful state in America- decides to pass a similar measure, it can be guaranteed that Congress will have no other option than to pass some sort of immigration reform immediately.

    Moreover, Barack Obama can now have solid arguments of signing into law his Executive Order that will give legal protection to undocumented aliens based on certain prerequisites or requirements, due to the fact that the states are indeed diminishing the principle of National Supremacy.

    Therefore, the game is over as soon as Utah enacts this bill since the Federal government may not like the idea of constantly placing lawsuits (and injunctions as well) against these types of legislation - wasted time, money and resources.
  11. George Chell's Avatar
    This will put the Supreme Court in the quandry..do they allow States to write their own immigration laws? If they declare AZ law constitutional they will have to declare Utah law constitutional which means the state rights supersede the federal authority. However, I think they will rule that AZ does not have the right to pass immigration laws either through legislation or referendum and by default squashing all other laws in other states!
  12. Francis's Avatar
    Nowadays it is bad news for all those illegal nationals who entered this country, without permission. State laws are tightening up, as the feds have refused to tackle this battle ground Issue. A few States are going against the grain of most US citizens and legal residency. Those particular States as Utah and Washington State are soon going to be painfully aware, as the word gets around of poorly enforced laws. Supplementary States that are leaving the illegal alien floodgates open will also be paying dearly, which means fiscal suffering for their legal people. Better be ready for an onslaught of economic thunder as they head your way? It will not be pleasant as Americans will unseat the pro-illegal alien politicians, who crushed any chance of constructive restrictions. California--the well and truly tested Sanctuary state must now pick the pockets of taxpayers again, because illegal workers and families have flooded in and drained part of the 46 billion deficits the state is facing.


    This also goes for billions of welfare dollars spent in the illegal alien high population state of Nevada. But now with a few more less restricting States, thousands will constantly leave the original policing State of Arizona and head outwards? As with Governor of New Mexico who has been less happy with the circumstances of handing out drivers licenses under the previous Governors watch of Gov. Bill Richardson and therefore many will also pack up and move on from there. Currently illegal migrants and immigrants have unlimited access to welfare entitlements, schooling and free health care and Include the obvious costs of jail and imprisonment. Birthright citizenship will be having its day in court. Even if it is not amended, the parents--HAVE NO RIGHTS TO STAY--and should be deported. The bill currently has 68 cosponsors and will amend current U.S. code to entail at least one parent to be a U.S. citizen or legal permanent resident for a new born to obtain automatic citizenship.


    You as a heavily laden taxpayer should incessantly harass your representative and demand their sponsorship for an amendment. Another controversial bill that will also save federal and State taxpayers is ending "Chain Migration." There is a mounting list of 21 co-sponsors for Rep. Phil Gingrey's Nuclear Family Priority Act (H.R.692) that would end chain migration. H.R.692 would purge all family-preference visa classes, except for spouses and minor children, and creating a renewable visa class for parents. Of course the radical Liberal other side under the pretense of polling people by the University of Texas and Texas Tribune has addressed the subject of 14th Amendment. Not only did these two parties misinform the public being asked, but also misrepresented the act of the birthright citizenship law. Anybody can engineer the questions asked to get a favorable answer in any poll.


    Something that the Leftists progressives have intentionally forgot in their radical diatribe, that although The Fourteenth Amendment extends citizenship to all persons born in the U.S. and "subject to the jurisdiction thereof"; but it also grants Congress the power to enforce and define the necessities of the amendment. The US Constitution also grants us free speech. So if you are against supporting financially anymore the illegal immigration invasion? First you can join NumbersUSA and not only fax for free the Congress, but join millions of Americans who want to halt this continuous travesty by Liberal politicians. You can also become a member of the local TEA Party with a huge influence gaining momentum in Washington, to stop the Tax and Spend Liberal-Democrats.


    Add your voice to the uncountable numbers of people who are fed up with illegal's stealing their jobs, lowering wages. Here is also the Washington Switchboard number 202-224-312 to bombard your unconcerned Senate and House. Personally, I'm thoroughly frustrated and furious that we must educate the children of illegal immigrant, and pay for their health care; when we cannot even pay for our own families needs?

    News of Today: America has the biggest deficit in US history and owned financially by China.
    SAVE OUR JOBS! Buy American, if it's possible.
  13. Legal and no longer waiting's Avatar
    "This also goes for billions of welfare dollars spent in the illegal alien high population state of Nevada. "

    "Currently illegal migrants and immigrants have unlimited access to welfare entitlements"

    There is absolutely no evidence of any of this. You are lier.

    However, there are billions of dollars paid by the illegal aliens in sales taxes, property taxes, income taxes, and social security/medicare taxes. So, Americans have had no issues appropriating the money illegal (and in some cases legal) aliens pay into the coffers.

    "Something that the Leftists progressives have intentionally forgot in their radical diatribe, that although The Fourteenth Amendment extends citizenship to all persons born in the U.S. and "subject to the jurisdiction thereof"; "

    If illegal aliens were not subject to the jurisdiction of the US - must like diplomats as you claim, they could not be arrested (even for murder) or deported. In fact, they are not only subject to the jurisdiction of the US, even the IRS considers them RESIDENT aliens. Maybe leftist progressivists just don't experience the kind of hate that blinds and completely screws up the mind making it oblivious to the facts. Radical diatribe you say? LOL!
  14. Legal and no longer waiting's Avatar
    I also wonder what is the overlap between hate groups like NumbersUSA memberships and birther movement. Seems like the same group of intellectually challenged people.
  15. LFWF's Avatar
    "SAVE OUR JOBS! Buy American, if it's possible"

    Somehow the caveat at the end of that sentence was very entertaining after that long rant. Thanks...lightened up my day :-)

    Also i saw a lot of stuff about "liberals" and an avoidance of the fact that the UT sponsors are very conservative Republicans. So it is wrong (evil?) for them to ensure an appropriate work force while dealing harshly with those that don't follow the rules they set? Just asking....

  16. George Chell's Avatar
    Francis is full of crap! Obama will crush the GOP in CA and WA!
  17. George Chell's Avatar
    "News of Today: America has the biggest deficit in US history and owned financially by China."

    Death penalty is for capital murder. Similarly the penalty for crime of running up debt is loss of sovereignty! What goes around comes around! At least until the middle of the last century white Americans treated Chinese like dirt...remember the Chinese Exclusion Act of 1882? Now like the death row inmate who is afraid to die, racist white Americans (not the majority of whites by the way, but definitely the majority of whites in the south) beginning with the tea party are afraid of Chinese dominance! Perhaps like they advise the death row inmate, whites especially white southerners need to sit back and think as to what led them to this predicament...Chinese Exclusion Act and the debt they owe the Chinese!
  18. George Chell's Avatar
    Dont know why Honda is asking for an apology...the fact that China owns America should be an apology enough!

    http://www.mercurynews.com/crime-courts/ci_17439796?nclick_check=1
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