A bill released on Wednesday would deny state and local benefits, except for those federally mandated, to undocumented immigrants in Utah. Based on a Colorado law passed last year, the bill would do away with resident college tuition for undocumented students and might also repeal Utah driving-privilege cards that allow undocumented immigrants to drive legally.

Lawmakers who support HB437 said undocumented immigrants should not be rewarded with public benefits if they violate the law and Utah's softness on immigration attracts them to the state.

At least one community activist called the bill "unfair," saying lawmakers should wait until a study is done on the effect of undocumented immigrants on Utah's economy. A Senate bill has been approved for introduction that would study the cost of services used by undocumented immigrants and how much they contribute to the state.

The bill's sponsor, Rep. Chris Herrod, R-Provo, said such a study is for another debate. It's about the "rule of law," he said.

"I have a wife who is an immigrant. I have a business partner who is an immigrant. It's not a race issue for me; it's a fundamental issue for me," Herrod said late Wednesday. "If you enforce the law, the problem will take care of itself."

Herrod said undocumented immigrants are a strain on Utah resources. But he said he can't provide data because state and local governments and schools are not allowed to ask for a person's immigration status, so they are not tracked. Herrod also said he has spoken to Utah hospital officials who say undocumented immigrants are driving up the cost of medical care.

The bill originally was requested by Rep. Glenn Donnelson, R-North Ogden, who said Herrod took over the issue because Donnelson is busy with his bills and Herrod, a freshman lawmaker, "wanted something to do." Donnelson, who in recent years has developed a reputation for being tough on illegal immigration, sponsored HB224 to repeal resident tuition for eligible undocumented college students. That controversial measure died in a tie House vote last week.

Herrod said resident tuition is not the major thrust of his bill, just one of the elements of a much broader approach.

"I don't want the focus to be on that," he said. "If you deny [a benefit] one place, you have to deny it [everywhere.]"

HB437 would prohibit undocumented immigrants from receiving state and local agency grants, contracts, loans, licenses, retirement, welfare, health, disability, assisted housing, food assistance, unemployment checks or reduced fees.

It would require people 18 years and older applying for such benefits to prove they are legally in the United States.

Federally mandated programs could not be eliminated by the proposed state law. In Colorado, programs unaffected by the recent change in statute include K-12 education, food stamps, Women Infants and Children (WIC) nutritional program, public transit, emergency room care and fire and police services.

The Denver Post recently reported that "Colorado's new law banning the state spending on illegal immigrants has cost more than $2 million to enforce - and has saved the state nothing."

Tony Yapias, a Latino community advocate, said he wonders if lawmakers are disguising several important issues, such as resident tuition, in the bill in hopes that it passes. He said he's concerned because some lawmakers are just trying to push undocumented workers out of Utah. But, Yapias said they are paying into the state and local systems, and they're not going anywhere.

"It doesn't solve the problems," he said of HB437.

Anti-illegal immigration activists could not be reached.

jsanchez@sltrib.com

HB437

The bill would deny most state and local public benefits to undocumented immigrants.

Next step: Will be assigned to a House committee