Immigration measure detailed

Published: Monday, Feb. 4, 2008 12:05 a.m. MST
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• Requires jail officials make a "reasonable effort" to determine the citizenship and legal status of suspects charged with felonies or drunken driving, and notify the Department of Homeland Security if status can't be determined.

• Creates a "rebuttable presumption" that illegal presence is a flight risk.

• Prevent undocumented immigrants from obtaining restaurant or private club liquor licenses.

• Repeals a law allowing undocumented immigrants who attend Utah high schools and graduate to pay in-state tuition, effective May 1, 2010.

• Requires that contractors withhold state income tax at the top rate for independent contractors whose employment authorization isn't verified, and holds contractors who fail to comply liable for the state taxes, unless those taxes are exempt from federal withholding.

• Makes citizenship, permanent residency or other legal status, with a few exceptions, a requirement for identification documents ranging from employee and customer IDs to government IDs, to labor union membership cards, to medical alert identification.

• Starting July 1, 2009, requires public employers to use federal E-Verify program to check the legal status of new hires.

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• Starting July 1, 2009, contractors would have to use E-Verify to contract with the public employers.

• Starting July 1, 2009, it would be discriminatory for an employer to discharge a U.S. citizen or legal permanent resident employee when an undocumented immigrant is performing a similar job, and creates a cause of action for an employee to sue.

• Requires verification of legal status of applicants age 18 or older who apply for public benefits that aren't required federally to be provided. Exemptions include health care — except organ transplants, short-term, noncash, in-kind emergency disaster relief, public health assistance for immunizations, testing and treating of communicable diseases, and programs such as soup kitchens that deliver community level services needed for the protection of life or safety.

• Agencies must verify signed affidavits through the federal SAVE program operated by the Department of Homeland Security. A false affidavit would be cause for criminal charges, and a false claim of U.S. citizenship would be reported to the Attorney General's Office.

• State agencies or departments that provide public benefits would need to provide annual report to the governor, Senate president and House speaker, on its compliance and ensure it is not denying benefits to legal residents.

• Subject to availability of funding, the attorney general establishes a Fraudulent Documents Identification Unit to target the sale and distribution of fraudulent documents.

• Requires the attorney general to enter into an agreement with Department of Homeland Security for "enforcement of federal immigration and customs laws" by some state and local law enforcement personnel.

• Creates a class A misdemeanor for transporting, concealing or harboring an undocumented immigrant "knowing or in reckless disregard" of their status.

Recent comments

Other states have been successful with similar laws. It is not...

Anonymous | Feb. 5, 2008 at 4:52 p.m.

Please be wise and let the federals deal with all that do not step...

Anonymous | Feb. 5, 2008 at 1:17 p.m.

American law equals South African Aparthied??? What have you been...

to du: | Feb. 4, 2008 at 9:36 p.m.

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