This is an archived article that was published on sltrib.com in 2011, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
In November 2010, the authors of the Utah Compact set forth five principles to guide the state's immigration discussion: seeking federal solutions, directing law enforcement efforts to focus on crime rather than civil violations, keeping families together and preserving a healthy economy. The compact was signed by a coalition of civic, business and religious leaders and endorsed by the LDS Church.
Unfortunately, initial discussion of the compact was supplanted in the Legislature by politically driven immigration proposals that ignored the compact's first principle: "Immigration is a federal policy issue between the U.S. government and other countries—not Utah and other countries."
Bad law resulted. HB497, an enforcement-only law, was struck down in court after it was implemented on May 10. HB116, a state guest worker law, has been deemed impractical and unconstitutional by immigration experts. The federal government has indicated it will sue if the law is enforced.
In the end, these misguided stabs at immigration reform have been a distraction, and legislators should look for guidance in the principles of the Utah Compact.
Since July 2002, the Utah Dream Act has applied to undocumented students who attended a Utah high school for three or more years, who graduated or received the equivalent of a high school diploma and who matriculated at a public institution of higher education. These students qualify for in-state tuition. While the act touches on immigration, the U.S. Supreme Court has declined to overturn similar laws.
The Utah Compact urges "state leaders to adopt reasonable policies addressing immigrants in Utah." Here's a practical way to put the principles into practice: Extend the Utah Dream Act to allow qualifying students to apply for and participate in financial aid and scholarship programs at state and local levels.
Current Utah law excludes undocumented students from many scholarships because of state involvement in the processing of funds. This has too frequently made the dreams of undocumented students unobtainable and unaffordable.
Fixing this bureaucratic quirk would balance opportunity and bolster the economy. The cost to the state would be low because the structures for in-state tuition are already in place. A nominal surcharge on administrative costs for additional applications could be applied.
The state already has invested in the education of qualifying students. Strengthening the Utah Dream Act to build on that investment makes economic sense. It would better position the state labor market for competitive advantage in the nation and abroad. The integration of language and cultural diversity would further enrich Utah.
Extension of the Utah Dream Act serves the principles of the Utah Compact in these ways:
1. Adopts reasonable policies concerning immigrants while respecting federal authority to make immigration law.
2. Increases education opportunities for undocumented students that predictably reduce the demands on law enforcement.
3. Respects the desire of parents for the well-being of their children and consequently reinforces the family as the foundation of a successful state.
4. Strengthens the economy by preparing a more productive and agile workforce.
5. Integrates undocumented students into a freer and more open society.
The Utah Compact has helped guide Utah's immigration discussion, but mostly it has served as a defense against harsher policies. Regrettably, the Compact has not influenced any of Utah's congressional delegation to take up broad federal reform.
As preparations for January's legislative session progress, policymakers should consider how the principles of the Utah Compact could guide immigration policy. Improving the Dream Act would be a good place to start.
Mark Alvarez is a licensed attorney in Maryland and Utah. He co-hosts "Pulso Latino," a Spanish-language radio show, and lives in Salt Lake City.