From Deseret News archives:
Panel begins dissection of new immigration law
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Jenkins said SB81 likely won't be the topic for the first few meetings as the committee continues to explore the issue of where states can take action.
"That's what we're trying to do here," he said. "Figure out what we can and can't do."
During the meeting, Tolman and Attorney General Mark Shurtleff stressed that state, local and federal law enforcement agencies often co-operate on investigations. And he said there's an effort by Utah's senators to bring an immigration detention center and more ICE support to the state. There currently are 25-30 officers here, he said.
Shurtleff said his office is also involved in an identity theft task force, and he has submitted a fiscal note for $601,000 to add additional staffing to bolster that office.
Tolman said Utah is already meeting many of the requirements laid out in a so-called 287g agreement, in which state and local law officers take on a federal immigration role. A requirement to enter such an agreement is part of SB81.
"You have a phenomenal effort by your law enforcement, with or without 287g," Tolman said. "287g is designed to set up what you already have."
Shurtleff, who has expressed concerns about such agreements in the past, said he has looked into it further and is prepared to enter into negotiations with federal officials.
He said it's important not to detract from law enforcement's other duties. And, he said, "most victims of crime by undocumented aliens are other undocumented aliens. We need them to work with local law enforcement."
That, he said, may become more difficult if a sheriff also has the power to make an immigration arrest.
Currently, local law enforcement agencies often must process illegal immigrants they arrest just like any other suspect, because ICE doesn't always have the resources to place an immigration hold, Shurtleff said. And, he said, those holds only last 48 hours.
Rep. Glenn Donnelson, R-North Ogden, who has sponsored bills related to such an agreement, said key to success is additional support from ICE.
"The federal government is going to have to step up to help the ICE agents to help support this," he said. "Right now it looks doubtful."
Jenkins questioned why the state can't simply deport undocumented immigrants itself.
Shurtleff replied that there's no state authority to do so.
"While they're here they are protected by due process and other rights," he said. "That's the way it is. I do have to respect those rights."
Comments at the committee meetings are limited to those who are on the agenda. Those who would like to testify or who have information they'd like to share with the committee should submit it to Art Hunsaker at ahunsaker@utah.gov.
The next meeting will be on June 19 in Cache County. Details will be posted online at www.le.state.ut.us when they are available.
E-mail: dbulkeley@desnews.com
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