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Orem lawmaker seeks to avoid profiling in his immigration bill
This is an archived article that was published on sltrib.com in 2010, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

Rep. Stephen Sandstrom hopes to craft an immigration law for Utah that avoids the specter of racial profiling surrounding a similar Arizona law.

The Orem Republican appeared at a rally under 100-plus degree temperatures in Phoenix on Saturday alongside others who addressed the crowd, including Arizona Republican state Sen. Russell Pearce, author of the Arizona bill, and Maricopa County Sheriff Joe Arpaio, an outspoken advocate of cracking down on illegal immigration.

Sandstrom addressed the crowd of thousands for five minutes just before Pearce gave the event's final speech. But it was in talking with the two Arizona officials beforehand that proved most valuable for Sandstrom.

He wants higher standards in his bill that law enforcement must follow to inquire about immigration status. Arizona's law requires what Sandstrom calls the "vague" standard of reasonable suspicion, while Sandstrom is leaning toward Utah's undrafted version to require "probable cause."

"My biggest concern is that people will think this bill will cause racial profiling. I want to make sure people realize this is not targeted at a certain group of people," Sandstrom said, adding that several rally speakers were Mexican-American. "Being Hispanic is not probable cause. I want to give a level of protection and put to ease some of the racial-profiling concerns."

He says that to produce a driving privilege card during a traffic stop would be enough to establish probable cause, but he is uncertain whether being unable to speak English is enough under federal visa standards.

Researchers at the Utah Legislature are working to define the parameters of "probable cause" to be questioned about legal status, Sandstrom said.

Arpaio expressed some concerns about toughening the standards, Sandstrom said.

Arpaio, who entered the stage Saturday to shouts from the crowd of "Joe! Joe! Joe!" told Sandstrom the Arizona law allows removal of undocumented immigrants from his state. Arpaio said tightening the standards would not prevent rogue police officers from pulling over whomever they wanted to target, Sandstrom said, but rather would "tie the hands of law enforcement."

Another provision that Sandstrom would like to include in Utah's bill is an exemption from being questioned about immigration status for anyone who is a material witness to a crime, or from police deporting them if they are discovered to be in the country without documentation.

Sandstrom's three-day excursion to Arizona, which he paid for, will help him present a bill that he thinks can pass the House and Senate next spring, he said. He plans to meet with Gov. Gary Herbert at the end of the month to discuss his version of the bill. Herbert has said he expects an immigration bill to be presented during next year's legislative session, but Sandstrom says the governor has not endorsed his bill.

"It's prudent of the governor to hold off on any quick decision and to wait until he's read it," Sandstrom said.

He may invite Arpaio to the Legislature to testify about the bill, and Pearce has promised to help the 18 different state lawmakers who are proposing similar bills across the country.

"This isn't about race," Sandstrom said. "It's about rule of law."

smcfarland@sltrib.com The Associated Press contributed to this report.

Immigration • At Arizona rally, Republican seeks 'probable cause' standard for Utah.
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