SB 81 - Illegal Immigration - Update

This will be fairly short. SB 81 easily passed the Senate yesterday (click here for Senator’s votes).

However, Sen. Jenkins amendment succeeded on voice vote (ie no record of who voted for it). The amendment delays provisions until July 1, 2009. This gives legislators etc another year (and session) to spin reasons not to take action and, possibly, spike this bill in the next session.

Provisions affected by this include:

1. State and local governments will not have to verify employment eligibility for another year. Apparently, we need to wait another year for even the government to check if a prospective employee is using a stolen identity. Note: the provision requiring state contractors to verify eligibility was already set to 2009 by the bill sponsor.

2. Criminal illegal immigrants booked into prison will not have their status checked and be turned over to ICE until 2009. That means they can/will still be turned back out onto our streets.

3. You can lay-off a legal worker and replace that worker with an illegal worker with no State consequences until mid 2009.

4. Illegal immigrants can continue to receive taxpayer funded public benefits until mid 2009.

For the full list of affected measures go to the bill text and read the ‘Highlighted Provisions’ section (lines 11 through 63). Note: the link is to the original bill, prior to amendment (the amended bill text is still unavailable).

In terms of the voice vote, I understand that Senators Jenkins, Stephenson, and Killpack joined with Democrats in delaying implementation. However, they are not the only Republicans that did so. I will try to get a full list. In the meantime, contact your Senator and ask how they voted on the Jenkins amendment (feel free to let me know their response).

So on to the House we go. Again, contact (801-538-1029) your Representative (Rep lookup) and ask them to support this bill and that the only acceptable amendment would be to strike Senator Jenkins amendment unnecessarily delaying implementation off until July, 2009.

Depending how things fair in the House, soon you will also want to contact Governor Huntsmanb (801-538-1000) who’s administration is poor on this subject.

Finally, for further background on this bill please see Help With SB 81 - Illegal Immigration.

Help With SB 81 - Illegal Immigration

SB 81 is coming up for a final vote (likely today). The bill still includes a provision on employment eligibility verification (via SSA-ICE E-Verify) but the opposition is trying to take out this provision. I’m going to provide some background first:

First, it is noteworthy that the E-Verify provision in the bill only applies to the State and businesses contracting to provide goods/services to the State. The provision would only protect your tax money from going to identity thieves (including illegal immigrants). Although, this provision has very limited applicability and only applies to tax money, it appears to be the biggest target of opposing groups.

Here’s what SB 81 will do:

1. Terminate driver priviledge cards for illegal immigrants
2. Allow police agencies to enter ICE’s 287(g) program
3. Initiate a limited employment eligibility verification program
a) This is limited as it solely applies to the State and it’s contractors (the majority of business is NOT included)
b) If the State or it’s contractor get a new hire, they must use SSA/ICE’s E-Verify to assure that the potential hire is legally able to work in the United States and is not using a stolen Social Security Number (SSN identity theft).

Who would use a stolen SSN for work (and why the provision applies to much more than illegal immigrants)?

1. Illegal immigrants (click here for a brief explanation of why this is the case)
2. Fugitives (such as the King of Child Porn)
3. Deatbeat moms and dads (seeking to avoid court ordered wage garnishment etc)
4. Miscellaneous identity thieves (wish to hide the identity for other reasons)

It is also worth noting that those using a false SSN commit several felonies (document fraud, falsifying and I-9 form etc) AND they typically target children’s identities, in particular.

So why the opposition?

Bluntly put, it makes it harder for State contractors, who want your tax money, to outbid ethical employers by hiring cheap, illegal labor - thereby helping cut costs and provide a lower bid. Additionally, this provision also makes unsrupulous companies who hire various illegal labor, nervous. They don’t want the provision to gain traction and, one day, be extended to all - this is the case in Arizona and Oklahoma. They want to “nip this in the bud”. However, such practices have the end result of exploiting children’s and our identities (see the videos below for real world examples).

Further, illegal immigrant supporters don’t want them hindered from obtaining employment. They don’t appear to have any qualms with the identity theft and felonies committed in getting the jobs.

The opponents strategy seems focused on arguing that this is a Federal issue and will handle it (the Fed will NOT be doing anything about it), that we should just study this for another year (put it in the study bill and effectively kill any/all proposed reforms), and the perennial last result is to call people racists. Lobbyists are hard at work to kill this and the only thing keeping it alive is the larger than expected citizen demand (and expectation) that the Legislature take on illegal immigration reform.

What action is needed?

Continue to exert pressure on Senators and Representatives:

1. Call the Sponsor and Senate Leadership politely stating that you want them to support SB81 as it stands without further amendment and expect action (amendments are out there to kill the aforementioned verification provision):

Senate Operator (801)538-1035
Sponsor - Senator Hickman (email)
Senate President - Senator Valenite (email)
Majority Leader - Senator Bramble (email)

It is also worth politely contacting Senator Jenkins (sponsor of the ’study bill’) who’s indicated support of SB81.

2. Call your Representative. State House Operator: (801)538-1029

3. Call Governor Huntsman - he’s not very good on this subject. (801)538-1000

Videos:

Illegal Immigration Humanity: The Ignored Victims (Update)

One of the greatest ignored victims of illegal immigration are those who’ve had their identities stolen. I’ve discussed why illegal immigration and identity theft are interrelated (plenty of background links in that post as well) - they need the SSN to work (and get credit lines etc). Unfortunately, children are the prime targets of this type of identity theft.

On Sunday, the Standard Examiner ran an editorial that the legislature needed to be more humane in their handling of State illegal immigration measures. The editorial focused only on the illegal immigrants and entirely ignored their victims. This isn’t the first time the media has chosen to ignore those impacted (see this response to a similar 2007 Editorial in the Park Record). From the Standard’s editorial:

Early last week, the Immigration Policy Coalition held a news conference at the Capitol. Its members include the Utah Manufacturers Association, the Salt Lake Chamber of Commerce and the Utah Farm Bureau, and the message was a plea for gaining knowledge before taking action. Speakers argued against “onerous” and “burdensome” mandates to businesses that might be employing undocumented workers.

The Immigration Policy Coalition is urging passage of Senate Bill 97, sponsored by Sen. Scott Jenkins, R-Plain City. The measure would create a task force to study the various issues related to immigration policy and enforcement, and make recommendations.

First, the task force idea is a sham. We’ve been dealing with this subject for years and now is the time for action. The task force is simply a political ploy to kill the subject but give legislators the ability to spin and say they ‘addressed’ the issue this year.

Second, the Utah Manufacturer’s Association et al. have a complaint about “onerous” mandates. The proposed mandates they are referring to is employer identity verification using SSA-ICE’s E-Verify system. The system allows an employer to verify that their new employee is providing a legitimate SSN and not one that has been stolen. The system is web-based and, as I understand, returns a result within 15 seconds. Further, this system protects against all identity thieves (not just illegal immigrants) - fugitives, deadbeat parents, and other ID thieves will find it much harder to obtain employment. Additionally, such verification has helped capture fugitives such as the “King of Child Porn”. The only onerous part of these mandates is that the manufacturers and their cohorts will find it harder to employ cheap illegal labor (be it a fugitive or illegal immigrant) at the expense of our children’s identities.

Additionally, what about those people from Sudan, Zimbabwe, Tibet and the myriad of countries who don’t have borders attached to ours? These countries are typically much poorer and more oppressed than those bordering us. Those peoples can’t just run out across our border and that’s unfair. Why are we, effectively, only catering to those who have the greatest access - we ought to cater to all and make it fair.

Ultimately, the editorial and these calls for humanity are asking us to turn a blind eye to the victims and to our laws. That is not something most of us are willing to do, as demonstrated by the 2007 amnesty push. This issue has been around for years and the federal government has failed to address it and will, in the foreseeable future continue to avoid addressing the problem. In the meantime, our children’s identities (as well as our own) continue to be compromised. It is time to take action. As such I would urge folks to call the Senate (801-538-1035) and ask to leave a message for your Senator (Legislator lookup). Ask them to support Hickman’s SB81. While most employers are left our, the bill will mandate government and it’s contractors to verify employees identities before giving them your tax money. The bill will also revoke certain tax funded benefits and allow ICE’s 287(g) to be implemented.

Finally, I’ve noticed more services are available to check your and your children’s SSN to verify no one else is using it. I would highly recommend doing so. One service I’ve used is UCOURTS and have been quite satisfied with it. I haven’t tried any others thus far to comment on them, however. You may also click here for all my posts involving identity theft.

UPDATE: As I stated, the Feds will not be tackling the problem anytime soon: Hatch, Bennett: No federal immigration changes in sight:

Utah’s U.S. senators told the Legislature on Tuesday that changes to federal immigration laws won’t occur until after the next president takes office — and possibly longer.
<snip>
“I think the prediction it may be as long as five years is probably true,” Bennett said.

White House: Give $1.4 Billion to Mexico (Merida Initiative)

It is called the Merida Initiative.  Malkin (actauly, a reader) broke this one. It appears to be another back room deal in the making. For full background, information and associated links:

The White House wants a $1.4 billion stimulus/national security package…for Mexico

Time to call your Senators and Representative.  It sounds like they won’t know much about it either but it would be nice if they rapidly get informed about this.

Another Raid, More Identity Theft

Quick blurb today. A few days ago, Immigration and Customs Enforcement (ICE) raided a Lindon manufacturer (Universal Industrial Sales) that makes signs and guardrails for roads/highways.

The raid captured over 50 illegal immigrants and, as usual, charges regarding identity theft and document fraud are rolling in:

“I think it is safe to say anytime we find illegal aliens working some place there’s document fraud involved. Unfortunately, fraudulent documents are very easy to get a hold of, and so that’s something we’ll be looking into as we do the processing,” Counts said.

and

Customs officers have forwarded 30 cases to the Utah County attorney’s office for possible criminal prosecution. A handful of cases have been sent to the U.S. attorney in Utah because the individuals had previously been deported from the United States.

While it is nice that the identity theft/document fraud involved is being addressed, sweeter yet is that the company and human resources director may also get hit as they appear to be extensively involved:

The U.S. Attorney’s Office charged Universal Industrial Sales with ten counts of “concealing, harboring, or shielding undocumented workers from detection for commercial advantage.” They could be fined up to $500,000 for each count.

“The foreman from this place was from there and this was like a magnate [U.I.S.] for all the people over there,” said Villalpando. “A lot of people from Mexico hear about this company down there and they say, ‘well, lets go, they don’t care about papers. They hire us anyways. That’s what they were doing for years until now.” [emphasis added]

The company’s Human Resource Director, 39-year-old Provo resident, Alejandro “Alex” Urrutia-Garcia, a naturalized U.S. citizen, was also arrested. He faces two counts of “encouraging or inducing illegal aliens to remain in the United States unlawfully.” He could spend up to 20 years in prison if convicted.

While UIS had a reputation for not verifying documents etc, another interesting point is brought up in the article. Apparently, the company did start checking paperwork (maybe UIS was tipped off and wanted to throw off some attention?) but in doing so, dug themselves deeper by, apparently, not taking action against those with forged/invalid paperwork and/or essentially indicating they knew they were in trouble and quickly did ’something’ to, hopefully, divert attention (from the first, KSL link):

“Three or four months ago they were checking papers on everybody, but they never fired anybody that was already there. They should have done that and we wouldn’t be going through this situation right now,” [A former employee] said.

I was unable to determine if UIS has extensive sales in Utah. It appears they supply distributors but do show several of their structures in Utah on their website. Even if they are a big supplier, don’t count on the State or Governor caring about the identity theft as long as the result is a lower bid.

Bountiful Museum Tapping Taxpayers for Money

This is a follow up on Bountiful’s historical museum. Bountiful is now asking fro $300,000 from Utah’s taxpayers via the Legislature.

While historical preservation could be argued to be a legitimate function of government, this one has some serious concerns regarding who will be the beneficiaries of such a project. Click the link and look at the lower half of the post. The names should sound familiar to those living in Bountiful. The project appears to be another example of a political pet project using other’s money (aka pork).

Additionally, just as the recreation center, this is being pitched as a “South Davis” project but, by all appearances, is run, housed, and controlled by Bountiful. If you go to the story on the Standard Examiner’s page, even the graphic (upper right) was provided by Bountiful. This also begs the question: Who are the “South Davis County officials” involved besides Bountiful? Are North Salt Lake, Woods Cross, etc mayors/councils involved or is this entirely being headed by Bountiful?

Finally, the big question: How much funding will be required to maintain the museum if it is built? Who will pay it?

Building it will, apparently, cost $1.5 milliion. However, once it’s built it won’t be maintained for free. Lights, cleaning, displays, workers, won’t be free. Will taxpayers be forced to pay for that as well? If so that doesn’t bode well for taxpayers. I’ve been told (this is UNconfirmed) that the new recreation complex is $200,000 more in the hole for maintenance/operation than anticipated (I think they predicted a loss of about $500,000/year).

Tax Funded College Education for Illegal Immigrant Prisoners

HB 86 would provide funding for “existing inmate postsecondary education”. The bill, however, failed to exclude illegal immigrant inmates. Fortunately, Representatives Herrod and Sandstrom caught the loophole and proposed an amendment to address the problem.

Lets take a look at who voted against the amendment on the House floor (Republicans are in bold):

Biskupski, Bowman, Brown, Chavez-Houck, Cosgrove, Draxler, Duckworth, Janice Fisher, Hansen, Hemingway, Hendrickson, Hunsaker, Johnson, King, Litvack, McGee, McIff, Menlove, Morgan, Moss, Painter, Riesen, Seelig, Shurtliff, Wheatley, Wiley

These legislators believe it is appropriate to use your money to proived a college education to criminal illegal aliens. Apparently, breaking immigration law and then committing a felony is worthy of an education on your back.

Ending on the positive. The amendment did pass and here is the list of those voting for the amendment:

Aagard, Allen, Andersen, Barrus, Bigelow, Bird, D. Clark, S. Clark, Daw, Dee, Dougall, Dunnigan, Julie Fisher, Froerer, Garn, Gibson, Greenwood, Grover, Harper, Holdaway, Hughes, Hutchings, Kiser, Last, Mascaro, Mathis, Morley, Neuenschwander, Newbold, Noel, Oda, Ray, Sandstrom, Snow, Sumsion, Tilton, Urquhart, Walker, Webb, Wimmer, Winn

‘Torpedoing’ ID Theft Measures: State Senators Stephenson and Jenkins

It looks more apparent that State Senators Stephenson and Jenkins are going to do their best to quash any attempts to address identity theft measures, particularly those where illegal immigrants are involved (they aren’t the only ones). Here’s how they plan to do so:

First, Jenkins is pushing SB97 which would shove all legislation dealing with illegal immigration and associated crimes (such as identity theft) into a year-long study. Effectively, it is a legislative maneuver to kill legislation you don’t like but still claim, to your constituents etc, that you do support it (so much so that you want to carefully study it for a year to ‘get it right’).

The problem is we’ve been attempting to deal with this issue for years now. Additionally, the identity theft issue that would be stopped by these bills goes beyond illegal immigrants. Fugitives, ‘citizen’ ID thieves, deadbeat moms/dads (avoid wage garnishment) etc also engage in this crime. By quashing employer ID verification requirements, similar to those enacted in other States, legislators are protecting felony criminals and those who hire them for the reduced labor costs etc.

Second, Stephenson’s resolution (SCR5). Is cloaked as a call for Congress to enact immigration reforms. Sounds good right? The devil is in the details (emphasis added):

urges all components of state government to work to ensure that any efforts to effect immigration laws, or laws related to Utah’s workforce that impact immigration, be deferred until Congress passes immigration reform.

BE IT FURTHER RESOLVED that the Legislature and the Governor urge that all components of Utah state government work to ensure that any efforts to effect immigration laws or laws related to Utah’s workforce that impact immigration be deferred until Congress passes immigration reform pursuant to the principles stated in this resolution.

Stephenson’s resolution specifically urges that nothing be done with respect to workforce laws (especially those which may affect ‘immigration’) and urges Huntsman to oppose such measures (which Huntsman will be all to pleased to do, judging by his past record).  These workforce laws include employer (even if the State is the employer) identity verification of prospective employees.

In both cases, the result is to stop meaningful identity theft protection, particularly for children, via employer required identity verification through SSA-ICE’s free, rapid response program.  The result is a nice shelter in Utah for the aforementioned criminals and an enhancement of Utah’s magnet on illegal immigrants.

Senators are well informed on this issue and, obviously, have placed priority on cheap labor.  This issue has been around for years and is well studied.  It is time for action.

Call your Senators (Senate: 801-538-1035) and ask them to oppose these bills and support employer identity verification measures.

Forced Recycling Charge Not Dead Yet (Bountiful)

Best continue to be vigilant on this issue.  I was passed along this story from the Davis County Clipper.  The article is titled: “Curbside recycling issue is still alive in Bountiful”.  Unfortunately the article isn’t available on the web.

The good news is that 56% of people who bothered turning in an opinion to recycling were opposed.  This is somewhat shocking to me as these types of ‘voluntary’ surveys tend to favor proponents.  Either word got out or there is a large proportion of the population opposed to such a mandate.

The article also confirms my feelings about this issue (see here too).  That is, that proponents were pushing to force everyone else to pay for their convenience (emphasis added):

Those who voted for implementing the mandatory recycling program tended to be residents who already recycled and were hoping that curbside recycling would offer them more convenience.

As usual this ain’t over yet.  The city council is still going to pursue finding a way to please everyone.  They are bantering about a voluntary program (one which, apparently, failed in the past).  They also noted that the city is trying to provide recycle bins for residents.

Whatever the case, I don’t have much quarell if they do something voluntary where no one else pays but those using such a program.  However, it would be preferable if proponents would go to the recycling companies and work out a mutual agreement.  The fact that such a voluntary program would fall under government control would always bring with it the specter of simply expanding an existing program (back to a mandate) by council vote in a single meeting.

Finally, it will be worth watching for how, specifically, the council will seek to please everyone.  Hopefully it won’t come at a cost to all.