Feds sue Utah over illegal immigration enforcement bill

SALT LAKE CITY — Utah will aggressively fight a federal lawsuit attacking the state's controversial immigration enforcement law, Mark Shurtleff said Tuesday.

The Utah attorney general said the state was careful to tailor HB497 to reflect recent federal court opinions on other states' immigration enforcement efforts, but there are "one or two minor things they still have some heartburn over" that could be corrected by the Utah Legislature in its next session.

Shurtleff said he plans to continue to talk with federal authorities about "a few modifications" that could end the challenge.

The U.S. Department of Justice filed the lawsuit against Utah Tuesday over the law that took effect earlier this year. The federal lawsuit suit claims that HB497 is unconstitutional because it attempts to establish a state immigration policy.

"A patchwork of immigration laws is not the answer and will only create further problems in our immigration system," U.S. Attorney General Eric Holder said in a statement.

"The federal government is the chief enforcer of immigration laws, and while we appreciate cooperation from states, which remains important, it is clearly unconstitutional for a state to set its own immigration policy."

The lawsuit states that HB497 precludes state and local law enforcement officers in Utah from being able to respond to federal priorities, according to the lawsuit, and “will therefore disrupt the enforcement of federal immigration law.”

It will also “cause the detention and harassment of authorized visitors, immigrants and U.S. citizens, thereby further undermining exclusive federal control over the conditions of residence for lawfully admitted aliens and, potentially, a wide range of U.S. foreign affairs interests and commitments,” the lawsuit states.

Gov. Gary Herbert's general counsel was reviewing the lawsuit, said the governor's spokeswoman, Ally Isom.

"The Legislature worked hard to craft a piece of legislation that would withstand constitutional scrutiny, and we're confident the courts will rule in our favor," Isom said. 

Initially modeled after an Arizona law, HB497 requires police to verify the immigration status of people arrested in Utah for felonies and class A misdemeanors and those booked into jail on class B and class C misdemeanors. It also says officers may attempt to verify the status of someone detained for class B and class C misdemeanors.