Gov. Gary Herbert voices concern over Arizona immigration law

SALT LAKE CITY — Gov. Gary Herbert said Thursday he has concerns about the constitutionality of a controversial Arizona immigration law that has support among some powerful Utah lawmakers.

"Clearly, you cannot just, on a hunch, question people. That would be a violation of the 14th Amendment. You certainly can't use national origin, ethnicity, the color of your skin as a criteria for a hunch," Herbert told reporters after the taping of his monthly news conference on KUED. "I think there's a threshold here that needs to be discussed and debated so we don't find us being accused of racial profiling."

The new Arizona law requires law enforcement officials with a "reasonable suspicion" someone is in the country illegally to ask for proof of legal residency, but the governor said that standard isn't high enough. He said authorities should have to have probable cause to check papers.

"We need to make sure what law we pass in Utah meets constitutional muster, protects people's civil rights, upholds the rule of law and our Constitution, as we see it, and respects the humanity of the people we're dealing with," Herbert said.

He said his staff is reviewing the Arizona law but stopped short of saying he would veto a similar bill next session, if he wins the gubernatorial election this fall. Instead, the governor expects lawmakers will come up with a compromise that addresses his areas of concern.

But Rep. Stephen Sandstrom, R-Orem, who intends to sponsor legislation similar to Arizona's law, said Herbert shouldn't be worried.

"If he feels the bill is unconstitutional, he's definitely getting information that is misguided at best, because the bill is in no way unconstitutional," Sandstrom said. "It does not violate any rights whatsoever."

While Sandstrom, a co-founder of the conservative Patrick Henry Caucus, was careful not to directly criticize the governor, he slammed Salt Lake Police Chief Chris Burbank for telling "flat-out lies" about the Arizona law that are "putting fears in the Hispanic community by saying the police can question people just because they have brown skin." Burbank joined other police chiefs in Washington, D.C., Wednesday to warn U.S. Attorney General Eric Holder that the Arizona law would damage relations between Latinos and law enforcement.

Herbert, however, said Burbank's concerns "ought to be part of the discussion."

Sandstrom said he considered making some of the changes suggested by the governor, but he has had an outpouring of support from Utahns statewide to keep the Arizona bill as it is when he introduces it in the 2011 Legislature that begins in January.