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Rep. Bill Wright unveiled his guest worker immigration bill Thursday and suggested his proposal might be the framework for a comprehensive piece of legislation that has so far been elusive in the legislative process.
Wright, R-Holden, said employers should have the right to access and hire the most productive employees.
"It's about productivity. We as a people aren't productive anymore, so we're going to require employers to hire people who aren't productive?" Wright said. "This isn't a conservative principle."
Critics pointed out that Utah doesn't have the authority to establish a guest worker program the way Wright's bill would require — though the Central Utah dairy farmer acknowledged his bill would require a federal waiver or be declared unconstitutional.
His bill may not last long in its current incarnation, either. He said he expected it could be amended, and he is part of a group of lawmakers eager draft a bill that melds pieces from several other proposals. However, he said Curt Bramble had agreed to be the Senate sponsor of his bill — though Bramble declined to confirm that.
Bramble is leading a so-called "a coalition of the willing" trying to cobble together a comprehensive approach to immigration reform and agreed Wright's bill "could very well be" the main vehicle for such a tactic.
The Wright bill is similar in some ways to one Sen. Luz Robles, D-Salt Lake City, has introduced, though Wright characterized her bill as "going too far" in developing a bureaucracy and requiring employers to look for citizens to fill a job before tapping the undocumented population.
"An employer knows whether they need somebody or not," Wright said. "Her bill is filled with a bunch of stuff that sounds nice, but it inhibits the process. The bottom line is, it has to work."
Robles characterized Wright's bill as a guest worker bill that requires undocumented people to get a visa.
"That's a big difference and both require a totally different kind of waiver," Robles said.
The Wright bill would require undocumented immigrants to apply for a guest worker permit through the Department of Workforce Services — a process that would require fingerprinting, a photo and a criminal background check. The process would be fee-based and would be paid for by the undocumented person and would be valid for two years.
His bill also would require guest workers to make "good faith" efforts to gain proficiency in English.
The Salt Lake Chamber of Commerce appeared to be interested in the bills.
"We have a solid understanding of what it is in both bills and we're encouraged by efforts to craft legislation that adheres to the principles of The Utah Compact," said chamber spokesman Marty Carpenter, referring to the set of humane immigration reform principles released in recent weeks by community, religious and business leaders.
But legal experts found fault with both proposals. Some experts said there was "a high probability" Robles bill would be declared unconstitutional. Also, lawyer Mark Alvarez said both would be in violation of the U.S. Constitution.
Wright said his bill was an attempt at an alternative approach to an enforcement-only bill — though the lawmaker said he could envision both his bill and Rep. Stephen Sandstrom's bill passing out of the House.
However, he said he would have trouble supporting Sandstrom's bill if another piece of legislation didn't also come out of the Legislature that tackled the work force component, and he questioned Republicans those who simply adhered to enforcement-only solution with no other alternative.
Rep. Jim Matheson on immigration proposals
Sen. Luz Robles had a private meeting Thursday with U.S. Rep. Jim Matheson at the state Capitol to discuss the feasibility of her immigration reform bill that is heavily dependent on obtaining a federal waiver to function in Utah.
Matheson said he recognized the challenges her bill would face.
"I get the frustration," Matheson said. "I question whether you want to have a checkerboard system of 50 states have different immigration rules across this country. That doesn't make a lot of sense to me."
The proposal by Robles would require undocumented people living in Utah to register for an identification card after passing a series of background checks.
However, legal analysts say there is a "high probability" it would face a constitutional challenge because states don't have the authority to make people citizens or permanent residents. Robles, however, sees the bill as a pilot program and said she is just trying to document those already living in Utah.