SB81 to take effect amid many challenges
At 12:01 a.m. Wednesday, the alarm will go off on a clock that began ticking more than 15 months ago as Utah's new slate of immigration-focused laws takes effect.
But the controversy fomented by 2008's SB81 is sure to continue beyond implementation as pending legal challenges develop, agencies tackle a mountain of unsubsidized administrative duties and a wide array of citizen groups continue to harangue state lawmakers for overstepping their boundaries.
On the other side of the argument, proponents continue to insist the state was backed into a corner by a lack of substantive immigration reform at the federal level.
The bill, in part, requires legal presence screening for all new public employees, contractors who do work for state and municipal agencies, and those who receive some public benefits. It also creates a voluntary program for municipal law enforcement to cross-deputize officers to act as immigration enforcers — a task that has long been the purview of the federal government.
A similar piece of legislation passed in Oklahoma in 2007 and was used by Utah lawmakers as a template for SB81. A portion of the Oklahoma bill was successfully challenged at the federal district court level and subsequently appealed to the 10th Circuit Court of Appeals, which heard the case in early May but has not ruled.
Should the appellate court affirm the district court ruling, a significant portion of Utah's version would likely be neutralized.
Rumors of lawsuits have circulated almost since the moment the Utah bill passed the Legislature, and most recently representatives of the Utah chapter of the American Immigration Lawyers Association have promised that action is forthcoming, though when that may be remains a question.
Utah Attorney General Mark Shurtleff said Thursday that he was surprised that a legal challenge to SB81 had not yet emerged, but if and when it did happen, the decision of whether to fight that action, or demur until the 10th Circuit weighs in, would fall to legislative leaders.
"Our policy is, when legislation is being challenged, we can't make the independent decision on a position," Shurtleff said. "We don't have the authority to stipulate ... that decision would be made by the speaker of the House and the Senate president."
On Friday, both Senate President Michael Waddoups, R-Taylorsville, and House Speaker Dave Clark, R-Santa Clara, declined to comment on defending potential litigation until the matter was actually before them, but each leader expressed support of the measure. SB81 passed both chambers with overwhelming support in 2008, albeit after a heated, session-long battle and numerous amendments.
Recent comments
To all you.....
Well said!!!
Vive la SB-81 | July 2, 2009 at 4:59 p.m.
. . . bleeding hearts using spin, sophistry, justification, and...
To all you | July 1, 2009 at 2:24 p.m.
To the dumb struck person who said, "send em all home" wow really??...
Reason | July 1, 2009 at 1:58 p.m.
- Zardari turns over nuclear authority 12:30 p.m.
- Landreth Seed Co. turns 225 12:18 p.m.
- 911 tapes of Woods' crash on Sun. 12:03 p.m.
- Residents startle Provo burglars 11:57 a.m.
- Akron fires coach J.D. Brookhart 11:41 a.m.
- Canada engineers walk off job 11:35 a.m.
- Christmas shoeboxes for veterans 11:32 a.m.
- Roethlisberger sidelined 11:29 a.m.
- Louisville fires coach Kragthorpe 11:06 a.m.
- Houseplants can flourish 11:00 a.m.
- Cave to be sealed with body inside
- Predicting the unpredictable: BYU wins
- Efforts to save a life praised
- Rivalry Week is highly profane
- BYU's old uniforms?
- Vegas, Poinsettia bowls or bust
- Glover gives Utes last-second upset
- Man trapped in Nutty Putty cave dies
- Cougars turn back Wildcats'
- BYU football: 5 keys to victory
- BYU would like friendlier rivalry
271 - Protests against Phoenix LDS temple
213 - Thunder rolls by Jazz
136 - Letters: Rushing to judge Palin
134 - Boys basketball rankings
130 - Editorial: Poor welcome for Palin
113 - Man trapped in Nutty Putty cave dies
110 - Cave to be sealed with body inside
104 - Letters: Trump card for believers
94 - Rivalry Week is highly profane
87
I wanted to tell them not to go. I dropped subtle hints. "My money is on...
When I was a kid, I worshipped my grandpa. He was undoubtedly my hero....
Maybe he was going to get his wife an ice cream or pickle for her cravings,...
wow didn't know the air quality here was so terrible
They could easily seal things off at the end of the "big slide" section of...
I feel that for some reason John Jones and his family were called upon to...
You Howard Dean's and Glenn Beck's crack me up your all about...
This had to be the hardest decision the Jones' have ever made in their lives....
Boo I hate Alaska! I know it's the nature of the league, but maybe one of the...
Rock Must Be Drinking GSL Brine.... San Diego Has That Little Thang Known As...
My family are from Utah. We entered Utah in 1847. They thought me from their...
Howie, you were right on. The article was about lousy places to play in the...


