SB81 to take effect amid many challenges
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Attorney Tim Wheelwright, a member of the Utah chapter of the American Immigration Lawyers Association, said a team of immigration law specialists has been working on a challenge to SB81 for months and is currently on the hunt for plaintiffs with legal circumstances that fit its action strategy. Wheelwright said his group had hoped the state would wait for a ruling in the Oklahoma case and/or action on federal immigration reform that was promised by President Barack Obama before implementing SB81. Waiting would be prudent, Wheelwright said, especially considering the cost the state might incur in defending a bill that could be rendered neutral by either a court ruling or new federal policy.
"Let's take a step back and give the federal government time to address this issue," Wheelwright said. "In not waiting, the state is opening itself up to what could be enormous costs associated with defending SB81."
Wheelwright said that though it was widely expected that a lawsuit seeking to stay the implementation of the new immigration rules would surface before now, waiting until after the laws are in place could provide a strategic advantage.
"There's a heightened standard in seeking injunctive relief to keep the law from going into effect," Wheelwright said. "Once the law is implemented, the legal standard is significantly less."
Shurtleff contends that while he will continue to carry out his responsibilities outlined in SB81 as the state's chief law enforcement officer, his office will make every attempt to act as an information center for municipal agencies faced with new responsibilities and reach out to the state's immigrant population.
"We have a mandate to get everything into place," Shurtleff said. "We will try to get everybody ... to do their best effort and continue to stay in direct contact with members of the Hispanic community."
Starting Wednesday, and until circumstances change the playing field, agencies will engage the work required of the new laws, and that is expected to create additional fiscal challenges for municipal governments already facing dire financial straights.
On Friday, Salt Lake County Mayor Peter Corroon said new mechanisms were in place to screen new employees, contractors and benefit recipients, but the added costs of meeting the requirements couldn't come at a worse time.
"We are prepared, and it's our intent to comply with SB81," Corroon said. "But it is certainly putting an additional strain on our budget at a time when we cannot afford to put an additional strain on it."
Corroon said while the county would be in full compliance, he was disappointed with the approach being taken by the state.
"I would feel more comfortable having the federal government resolve these issues ... and not have a hodgepodge of state and federal requirements," Corroon said.
E-MAIL: araymond@desnews.com
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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.
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