Criminal probe into 'the list' begins, victims described

SALT LAKE CITY — As a criminal investigation began Wednesday into those responsible for releasing a list of 1,300 Utahns allegedly in the country illegally, new details emerged about how the list was compiled.

The list was the work of two employees of the state Department of Workforce Services who breached a database to gather personal information, including addresses and private health data. On Wednesday, Kristen Cox, the department's executive director, told the Deseret News that about 200 of the names on the list did not come from the state database. Instead, Cox said, the names were "made up" by the two department workers or came from other means.

The state has already fired one woman at the state agency who was involved with the list and has begun procedures to fire a second woman. Gov. Gary Herbert has said that they were the only two state workers involved.

Both worked in eligibility services in the Salt Lake Valley, but their names have not been released.

"They disagreed with what was going on and decided to break the law. We can't have this kind of attitude of selective enforcement," Cox said.

Cox said her office has been hit with a flood of hate e-mail as well as e-mails and phone calls from people on both ends of the immigration debate since the list was traced to her department. But she said that most come from people who consider the fired employees "patriots" or protected whistle-blowers. Others said they were upset that the state has data on illegal immigrants without somehow having them deported.

The department has posted an FAQ document answering questions about the list on its website.

"The idea that we will pick and choose what laws we will abide (by) and which we will break is contrary to everything this country stands for," Cox said. She added that state employees sign agreements not to release such information.

Of the 1,112 people named on the list who did come from the state database, all lived in a home where a U.S. citizen also lives, Cox said. In most cases, the citizen was the child of illegal-immigrant parents. Children born in the United States automatically become citizens.

The people on the list from the database had also all applied for welfare programs such as food stamps, Medicaid or the Children's Health Insurance Program (CHIP). While illegal immigrants cannot receive benefits, the citizens in the family can. The state collects income and other data on all household members to determine eligibility.