This is an archived article that was published on sltrib.com in 2011, and information in the article may be outdated.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.
Utah's attempt to push the federal government toward immigration reform will likely not budge the Department of Homeland Security from its position that Congress must be the one to solve the issue, an advocacy group said Tuesday.
Officials with The Immigration Policy Center, a Washington, D.C.-based nonprofit, said the department is struggling with competing missions of enforcement, deportation and processing immigrants — leaving states like Utah feeling as if they must lead the way.
Wendy Sefsaf, spokeswoman for the center, said Homeland Security and the White House have chosen to emphasize enforcement over a comprehensive reform approach. She said, however, her group appreciated Utah's attempt to steer the conversation.
"I think, if anything, what it really can do and what we should celebrate is the way in which Utah has handled the issue and that has opened the door to change the debate," Sefsaf said.
But she noted the view of Homeland Security is still that "the debate must take place in Congress" and that it's not in the state's purview to manage immigration law. To that point, the 9th Circuit Court of Appeals upheld the stay that prevented portions of Arizona's SB1070 enforcement law from taking effect.
Utah's guest worker law, HB116, would also challenge the federal government's jurisdiction — but not from the enforcement side, though the state did pass a more moderate version of the Arizona law in Rep. Stephen Sandstrom's HB497.
The guest worker law, which would take effect in 2013, seeks a federal waiver to operate. It would allow undocumented people to obtain visas through the state's Department of Public Safety. It would also levy a fine against the estimated 110,000 undocumented people in Utah — $2,500 for those who came illegally and $1,000 for those who overstayed visas.
Utah Attorney General Mark Shurtleff, who is taking the lead on bringing HB116 to federal officials, said the initial meetings with the Department of Homeland Security and the U.S. Department of Justice have been "very positive." He said the two-year lead time written into HB116 is a way to give everyone time to develop a workable solution.
Shurtleff said when Gov. Gary Herbert gets back from his trip to China that a meeting with high-ranking officials with Homeland Security and the Justice Department will be arranged.
"We put [a] two years [delay] in for a reason," Shurtleff said. "We've got to hope that working with leaders like [Homeland Security] Secretary [Janet] Napolitano ... that we can get somewhere with this. But it's still very early in the process."
Shurtleff said he hasn't had any indication that the federal government isn't interested in Utah's approach.
But Ron Mortensen, co-founder on the Utah Coalition on Illegal Immigration, said he found it highly unlikely that Homeland Security would be involved in floating immigration bills through Congress. He also said HB116 — which is also the subject of a repeal movement within the state — is a business-driven measure designed to retain cheap labor.
"I agree with the conclusions that it [immigration reform] will have to come from some member of Congress," Mortensen said.
He also wasn't surprised by the report's findings that showed the lack of communication and coordination within Homeland Security — saying it's a relatively new bureaucracy that has disparate functions.
Royce Bernstein Murray, former associate counsel for the U.S. Citizenship and Immigration Services, said a good example was the earthquake in Haiti a year ago.
She said while USCIS was "making great strides in the community" in processing victims of the quake, Immigration and Customs Enforcement began deportation proceedings for those who sought refuge in the United States.
"This lack of a coordinated approach undermines the good work that happens within the agencies," Murray said.
Matt Chandler, spokesman for Homeland Security, said in a statement that there is a strong commitment to comprehensive reform.
"We remain committed to actively working with members of Congress from both parties to pass legislation that is focused on serious and effective enforcement, improved visa policies for families and workers, and a firm but fair way to deal with those who are already here," he said.
HB116 overview
Doesn't take effect until 2013.
Fines are $2,500 for undocumented immigrants, $1,000 for overstayed visas.
Provision to allow families of guest workers to stay in Utah.
Needs federal approval to take effect.
Subject to a repeal movement.