Immigration law snubbed by S.L. police

Saying it would have a "chilling impact" on the community and "drive a wedge" in it, Salt Lake Police Chief Chris Burbank on Wednesday said his department will not deputize officers for immigration enforcement, one of the voluntary parts of Utah's new immigration law that is set to take effect in July.

"Salt Lake City is choosing not to participate in this. As outlined by law, we are allowed to do that," Burbank said. "The police officers of Salt Lake City are not going to be put in the position to violate the human rights of any person."

Burbank defended his decision not to participate by speaking several times to the media Wednesday, including being a guest on KSL Newsradio's "Doug Wright Show."

The problem, he said, is that deputizing officers as immigration agents is essentially asking police to place a certain segment of the population under extra scrutiny because of skin color.

"It's biased, racially motivated enforcement action," he said.

Burbank said another concern was that innocent people would hesitate to call police for fear of deportation.

Salt Lake police already hold illegal aliens for possible deportation if they are arrested for a felony, he said.

The immigration law was passed in 2008 as SB81, but implementation was delayed until July 1 of this year. It is a broad bill that includes everything from the screening of potential state employees or anyone receiving public benefits due those in the country legally to criminal punishments for anyone transporting or harboring illegal aliens.

The cross-deputization of officers is also part of the bill, but it is voluntarily coordinated between the Utah Attorney General's Office and law enforcement agencies.

Rep. Mike Noel, R-Kanab, the House sponsor for the bill, said that Burbank's stance is not acceptable and threatened legislative action against the department.

"I absolutely do not agree that they have the authority not to uphold this law," Noel said. "If they want to play hardball, we can do that. The first thing that comes to mind is jail reimbursement."

House GOP leadership qualified Noel's comments later Tuesday, registering support for the provisions of SB81 but squelching the possibility of any punitive action involving jail reimbursement.

"I certainly respect Rep, Noel's opinion, and he has been on the forefront of jail reimbursement issues," House Majority Whip Brad Dee, R-Washington Terrace said. "In this particular area, however … as far as leadership would be concerned, there won't be any retribution."

Dee, who co-chaired the legislative interim committee that spent most of last year studying provisions of SB81 in meetings held around the state, said he continued to be in support of the bill.