Reality of SB81 hits home

As the July 1 implementation of the state's immigration reform legislation approaches, there is mounting concern what the omnibus legislation will mean in reality.

Earlier this week, Salt Lake Police Chief Chris Burbank and Rep. Mike Noel, R-Kanab, had a public stare-down when city police reiterated their previously stated position that they would not cross-deputize officers as federal immigration agents due to concerns about racial profiling. "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 told the Deseret News.

Noel, House sponsor of SB81, decried Burbank's position, saying it was appalling that an officer sworn to uphold the law would make such statements because he didn't like the law. Noel went on to threaten to withhold $4 million in jail reimbursement funds from the state. Legislative leaders later said there would be no reprisals, which makes sense given Utah Attorney General Mark Shurtleff's interpretation of the law. He says the decision to cross-deputize municipal officers as federal immigration agents is at the discretion of the departments. He, however, has "overall responsibility to enforce SB81.

In the end, this made for interesting political theater. But it also demonstrates the anxiety surrounding SB81 among professionals, let alone the fear and trepidation felt among Utah's immigrant population. It's precisely why state lawmakers should have struck the enacting clause of this legislation during this year's session.

Community organizers say — as a practical matter — not much will change under SB81 unless undocumented Utahns break the law and end up in jail. Yet, great anxiety lingers.

There is an obvious need for accurate information about SB81 for Utah's immigrant population as well as employers. Some Latinos, undocumented and homegrown alike, fear the stepped-up enforcement could result in racial profiling or warrantless searches, which likely will be the case. Otherwise, the bill codifies existing restrictions such as laws that preclude undocumented immigrants from applying for public benefits.

Education and community outreach efforts also must be central components of the strike force plan, as created under HB64. As the federal-state-local task force takes aim at felony offenses related to illegal immigration and human trafficking, care must be taken to cultivate and preserve relationships among ethnic minorities, community organizations that represent their interests and law enforcement agencies.