Utah's immigration enforcement law 'threatens Mexican nationals' human and civil rights,' amicus brief says

Published: Tuesday, Dec. 20 2011 8:02 p.m. MST

"Obviously, those who filed these briefs haven't read our law or understand how different our law is," Shurtleff said.

Shurtleff said Utah's laws were specifically written not to pose a threat to Mexico or other Latin American countries.

"We are confident when we get our chance to respond to the DOJ motion that will be understood," he said.

Meanwhile, the Utah Legislature may in its 2012 session amend some of the provisions of HB497 that are objectionable to the DOJ. "Maybe if we change some of those things, they will pull out of the case," Shurtleff said.

The DOJ memorandum says "the U.S. State Department advises that HB497 is likely to interfere with the national government's ability to collaborate with foreign governments on matters of joint concern."

Moreover, "this ongoing and expected irreparable harm to weighty foreign interests alone warrants preliminary injunctive relief," the memorandum said.

The DOJ memorandum says the "United States is likely to succeed on the merits of this preemption challenge because "HB497 encroaches on exclusively federal responsibilities and conflicts with the INA (Immigration and Nationality Act). The Supremacy Clause of the U.S. Constitution provides that federal laws and treaties are the supreme Law of the Land."

E-mail: marjorie@desnews.com

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