This is an archived article that was published on sltrib.com in 2012, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

In 2011, Utah lawmakers sent a message that the federal government had to reform immigration or cede authority to the states. Utah became the first state to follow Arizona's immigration crackdown law, albeit in softer form. Utah also passed a state guest-worker program and an immigrant-sponsor program.

The federal government sued Utah over one law and suggested constitutional problems with the others. Only the legislation's delayed implementation date of July 1, 2013, saved Utah from multiple lawsuits.

Some argue that the federal government could use prosecutorial discretion to decline cases and thus allow Utah to implement immigrant-friendly policy. However, federal law prohibits employers from hiring undocumented workers. Moreover, prosecutorial discretion would essentially give Utah employers a free pass. This is business-friendly, not immigrant-friendly, reform.

Immigration authority is mostly federal, and the country would not be well served by a patchwork system that differed across towns and states. States may deserve a larger role, particularly in matching the immigration system to regional economic needs, but that could occur only in the context of a broad reform of federal immigration laws.

Undocumented immigrants can point out the obvious contradictions in our jerry-rigged system. A few weeks ago on the radio show "Pulso Latino," a woman suggested, "They don't want us [undocumented immigrants] here, but they need us here."

Utah has tightened its laws against undocumented immigrants. The Driving Privilege Card mostly functions like a driver license; however, it is invalid for identification and must be renewed each year. This year, holders of the DPC had to pay additional fees and submit fingerprints for a background check.

Federal law is plain. Undocumented immigrants should not be here. They should not work here. But the law does not match reality. Dairy farms, agricultural operations, ski resorts, hotels, restaurants and construction projects depend on undocumented workers.

Utah mandates employment verification ("E-verify") for employers with 15 workers or more, but the law contains no penalties. E-verify has strained some businesses because getting back to full staffing levels can be a struggle. Anecdotal evidence indicates gaps between law and practice.

Another reality is the likely permanence of the undocumented population. Last month, the Department of Homeland Security estimated that 11.5 million undocumented immigrants lived in the United States in January 2011. Eighty-six percent arrived before 2005. Fifty-seven percent arrived before 2000. No matter how ugly and inhumane immigration laws and rhetoric become, most of this population is not going away.

Undocumented immigrants understand the risk. Two years ago, a 25-year-old told me: "Today could be your last day here. Any day we could be picked up, raided at work. You can't run a red light or even a yellow light. You can't get in any trouble."

Undocumented immigrants seek to live within the law, but a rigid system denies most of them any opportunity for legalization. Those few who qualify generally face long waiting lists and high fees.

Despite high-profile disagreement, lawmakers agree on many aspects of reform, including simplified processes, an employment-based system better matched to the economy and improved control of immigrant flows.

Two sticking points for immigration reform concern how to resolve the status of undocumented immigrants and how to achieve a workable employment verification system. For economic and societal reasons, these challenges must be handled together.

Mark Alvarez is an attorney who co-hosts "Pulso Latino," a Spanish-language radio show. He lives in Salt Lake City.