Cash-strapped states weigh selling roads, parks

By MARTIGA LOHN, Associated Press Writer Martiga Lohn, Associated Press Writer
Sat Dec 27, 3:39 pm ET

ST. PAUL, Minn. – Minnesota is deep in the hole financially, but the state still owns a premier golf resort, a sprawling amateur sports complex, a big airport, a major zoo and land holdings the size of the Central American country of Belize.

Valuables like these are in for a closer look as 44 states cope with deficits.

Like families pawning the silver to get through a tight spot, states such as Minnesota, New York, Massachusetts and Illinois are thinking of selling or leasing toll roads, parks, lotteries and other assets to raise desperately needed cash.

Minnesota Gov. Tim Pawlenty has hinted that his January budget proposal will include proposals to privatize some of what the state owns or does. The Republican is looking for cash to help close a $5.27 billion deficit without raising taxes.

GOP lawmakers are pushing to privatize the Minneapolis-St. Paul International Airport and the state lottery. Both steps require a higher authority — federal legislation in the case of the airport, a voter-approved constitutional amendment for the lottery. But one lawmaker estimated an airport deal could bring in at least $2.5 billion, and the lottery $500 million.

Massachusetts lawmakers are considering putting the Massachusetts Turnpike in private hands. That could bring in upfront money to help with a $1.4 billion deficit, while also saving on highway operating costs.

In New York, Democratic Gov. David Paterson appointed a commission to look into leasing state assets, including the Tappan Zee Bridge north of New York City, the lottery, golf courses, toll roads, parks and beaches. Recommendations are expected next month.

Such projects could be attractive to private investors and public pension funds looking for safe places to put their money in this scary economy, said Leonard Gilroy, a privatization expert with the market-oriented Reason Foundation in Los Angeles.

"Infrastructure is more attractive today than ever," Gilroy said. "It's tangible. It's a road. It's water. It's an airport. It's something that is — you know, you hear the term recession-proof."

Unions don't like privatization deals out of fear that worker wages and benefits will be squeezed as private operators try to boost their profit by streamlining services.

Taxpayers, too, can lose out if the arrangements don't work — and sometimes even if they do, said Mark Price, a labor economist with the Keystone Research Center in Harrisburg, Pa. Higher tolls on privatized roads can push drivers onto state-operated roads, wearing them down faster and raising public costs over time.

"You're privatizing some profits in this process and socializing some losses," Price said.

Selling or leasing public assets can produce an immediate infusion of cash for the state, while foisting the tough decisions, such as raising tolls, onto private operators instead of the politicians.

"The downsides are often after they leave office," said Phineas Baxandall, a researcher with the consumer-oriented U.S. Public Interest Research Group in Boston.

Some states struck major privatization deals well before the economic crisis hit.

Indiana, for example, brought in $3.8 billion in 2006 by leasing the Indiana Toll Road for 75 years. Chicago stands to collect $2.5 billion by leasing Midway Airport, if the federal government approves, and has raised an additional $3.5 billion since 2005 through deals for the Chicago Skyway toll road, parking ramps and parking meters.

But in September, investors walked away from a $12.8 billion bid to lease the Pennsylvania Turnpike for 75 years after legislators failed to act on the deal. And Texas lawmakers uneasy over a proposed private toll road system approved a two-year moratorium on such contracts last year.

David Fisher, who managed Minnesota's state-owned properties a few years ago under former Gov. Jesse Ventura, warned that the state has a hard time finding buyers for properties such as old mental institutions.

Fisher said some public properties belong in private hands, such as Giants Ridge Golf & Ski Resort, a top-rated getaway in Biwabik, and Ironworld, a museum and library in Chisholm. Both are owned and subsidized by Iron Range Resources, a state agency.

"Certainly those things could be privatized, I think without harm to the state, but I don't know that you could find the right buyer," Fisher said.

Will the U.S. Break Up?

George Washington’s Blog
December 25, 2008
The larger and more complex a system, the more likely it is to break down. Something like a simple pendulum with few moving parts could last many years. But very large, complicated things like the Large Hadron Collider break down much more quickly.
America now has some 300 million people, 50 states, and more federal, state and local agencies than anyone can possibly list. It is hard to govern such a large, complex and populous system when anything goes seriously wrong.
And a lot is going wrong right now.
The U.S. military agrees that the chance of a break down in the system is real:
A new report from the U.S. Army War College [here is the report] discusses the use of American troops to quell civil unrest brought about by a worsening economic crisis.
The report from the War College’s Strategic Studies Institute warns that the U.S. military must prepare for a “violent, strategic dislocation inside the United States” that could be provoked by “unforeseen economic collapse” or “loss of functioning political and legal order.” [The report also warns of a possible "rapid dissolution of public order in all or significant parts of the US."]
International Monetary Fund Managing Director Dominique Strauss-Kahn warned last week of riots and unrest in global markets if the ongoing financial crisis is not addressed and lower-income households are beset with credit constraints and rising unemployment, the Phoenix Business Journal reported.
Sen. James Inhofe of Oklahoma and Rep. Brad Sherman of California disclosed that Treasury Secretary Henry Paulson discussed a worst-case scenario as he pushed the Wall Street bailout in September, and said that scenario might even require a declaration of martial law.***
The Defense Department has made plans to deploy 20,000 troops nationwide by 2011 to help state and local officials respond to emergencies.
In other words, the government is predicting that systems will break down. But instead of doing anything to actually fix the underlying problems which are leading to the break down (like making sure that politicians follow the Constitution and making sure that America’s manufacturing base is rebuilt, so that we can make something real, and our workers can make decent wages on a sustainable basis), the government is just planning on implementing police state measures to quell protests.
(Indeed, while most Americans don’t realize it, this already started happening years ago).
Will that help keep the U.S. together?
Maybe in the short-run. But I believe that - especially now that the illusions that we’re in an endless boom economy and that the U.S. is a true democracy following the wishes of its people have started to pop (see this and this) - within the next decade, America will break up, like the Soviet Union.
Note 1: One precipitating factor in the break up of the U.S. may be the bankruptcy of the states. California, Connecticut, Florida, Hawaii, Illinois, Massachusetts, Michigan, Nevada, New Jersey, Ohio and Wisconsin are all in really big trouble, and on the verge of defaulting. The rest of the states won’t be that far behind as the financial crisis intensifies. If the federal government isn’t helping them in their most dire crises since the founding of the country, and if the feds impose the heavy hand of martial law without any benefit to the states, they will have less incentive to remain a part of the union.
Note 2: What would the break up of America mean for the dollar and for gold? It would likely be very bad for the former and very good for the latter. But remember, the U.S. might not break up for some time.

Utah Guest worker program proposed

By Arthur Raymond Deseret News Published: December 4, 2008
As Utah's pending immigration legislation continues to take fire from business leaders and other government agencies, the Salt Lake Chamber of Commerce came forward Wednesday at a Capitol legislative meeting and pitched a guest worker program it describes as a "tool to improve the Utah economy."
The plan, presented by Wesley Smith, the chamber's director of public policy, was crafted by chamber president and former Senate President Lane Beattie. Smith said the plan outlines a fundamental shift of the oft-criticized financial liabilities of undocumented workers from taxpayers to the workers themselves and their employers.

"The idea behind the guest worker program is, in most if not all respects, to take the (financial) burden from the public and put it in the private sector," Smith said. "That financial burden will be borne by the guest worker and the guest worker's employer."

The program proposes to create a two-year, renewable guest worker authorization for foreign workers and undocumented immigrants who are currently residing in the state of Utah. Workers would be required to register with a governing body, tentatively identified as the Utah Department of Workforce Services, and successfully pass both a security check (any felony convictions or serious offenses automatically would exclude the applicant from the program), and a medical screening. Further requirements would include the posting of a surety bond that would be forfeited if the guest-worker terms were not met, a 10 percent payroll withholding that would be held in trust until completion of the contract, and requisite health and auto insurance.

Smith said a key obstacle to overcome are federal regulations that would inhibit some provisions of the program, although the chamber had worked with Utah members of Congress, who supported it and would help with waivers. Those federal exceptions would give Utah the right to issue temporary work permits to undocumented persons, to engage in aggressive enforcement of federal and state immigration law and to funnel FICA and Medicare payroll withholdings back to the state to cover health insurance and cover administrative costs.

An outline of the plan Smith distributed to lawmakers said the enhanced law enforcement efforts would be necessary to stem a possible "large influx of undocumented workers who may be attracted to Utah's new program."

Smith contends the residency requirement of the worker permits, in addition to stepped-up enforcement, would somewhat limit this influx. Plus the very nature of the worker permit offer would provide a de facto screening process among undocumented residents.

"The incentive is strong enforcement of immigration law," Smith said. "If you don't register, we assume that you're not registering for a reason ... because you have something to hide and aren't willing to contribute to the state in the way we expect."

Smith said it is the chamber's contention that the preponderance of undocumented workers in the state are already contributing to their communities and this proposal creates an avenue for a new level of engagement.

"It would allow the majority of the people that are here to come forward, to work with us and become part of the community," Smith said.

Sen. Mark Madsen, R-Lehi, questioned how many of the current undocumented workers living in Utah could pass the security screening and how effective that screening process would be.

"How are you going to find enough people who have not engaged in use of fraudulent documents or identity theft," Madsen said. "I get the impression that there is room in this program for those who have committed crimes."

Smith's program outline indicates applicants to the program would be processed through the Interagency Border Inspection System Name Check system, administered by the U.S. Customs and Immigration Service and, if further review is merited, screened for criminal offenses by the FBI.

Sen. Ross Romero, D-Salt Lake, said he took Smith's presentation as a positive alternative viewpoint on the immigration issue and characterized SB81 as an ongoing "work in progress" that could undergo further changes and modifications before its scheduled implementation on July 1, 2009. He noted that President-elect Barack Obama's appointment of Arizona Governor Janet Napolitano to head the Department of Homeland Security could set a new tone at the federal level on immigration issues. A lack of action by the federal government, Romero said, has put individual states, including Utah, in a position of having to create state-level solutions to problems not being addressed in Washington.

In 2006, Napolitano and Governor Jon Huntsman, Jr. crafted a guest worker proposal that successfully passed the Western Governors' Association. Arizona is widely considered to have some of the toughest immigration statutes in the country.


Provisions of Guest Worker Proposal

• Register as Worker

Applicants must register all relevant contact data including name, address, telephone number, etc. to the state. Data must be updated if any changes are made. Failure to update is grounds for revocation of worker status.

• Security Check

Each applicant is fingerprinted and their name run through Interagency Border Inspection System. A criminal history that includes any felony or serious offense results in ineligibility. Further review, if necessary, conducted by FBI.

• Medical Exam/Health Check

Each applicant required to undergo same examination currently required for federal residence status. Utah will apply same health-related ground for inadmissibility.

• Employer Sponsor

Employer can only sponsor an applicant if the position to be filled has been subject to appropriate notice and no eligible domestic workers have been identified for the position. Applicants who are not Utah residents must apply from their country of origin. Applicant must be sponsored within 90 days of registering as a worker.

• Surety Bond

Applicant must provide a minimum security bond with the intent of covering any cost of future enforcement if applicant does not honor terms of guest worker program.

• FICA and Medicare Equivalent Withholding

State of Utah will require employers to withhold an amount equivalent to typical FICA and Medicare withholdings (currently, about 15 percent.) Money will pay for health care and administrative costs of program.

• 10% Additional Withholding

This withholding will be taken out by the state and held in trust until the successful completion of the applicants guest worker status. Applicant is eligible for principle, while interest goes toward administrative costs.

• Health Insurance

All guest workers must be enrolled in a health insurance program. Employers may facilitate this requirement by providing employee insurance.

• Auto Insurance

Proof of valid auto insurance will be submitted to Department of Workforce Services. Expired insurance grounds for revocation of guest worker status. Waiver provided for non-drivers.

Retiring politicos can leave with cash

Utah's Curtis has about $400K in campaign accounts he could keep
By Bob Bernick Jr. and Lee Davidson
Deseret News
Published: November 15, 2008

The 18 Utah legislators who retired this year — either voluntarily or by voters' choice — have nearly a combined half-million dollars sitting in campaign accounts, money that they currently can just give to themselves, spend on a future campaign or dole out to whomever they wish.
By far most of that cash belongs to House Speaker Greg Curtis, R-Sandy, who was defeated Nov. 4 by Democratic challenger Jay Seegmiller. Curtis has $281,865 in his campaign account — and another $99,081 in his political action committee — the latest pre-election financial reports show.
But Sen. Carlene Walker, R-Cottonwood Heights, who also lost in the general election, is no cash slacker — she has $32,000. And Sen. Darin Peterson, R-Nephi, who briefly sought re-election last spring before getting out of his race, has nearly $30,000. Retiring Sen. Dan Eastman, R-Bountiful, has about $22,000.
That is not chump change.
And while Gov. Jon Huntsman Jr. and GOP and Democratic lawmakers alike are talking about changing the current campaign funding law to restrict state candidates and officeholders from giving themselves campaign money, it is questionable whether such a new law coming out of the 2009 Legislature could be retroactive to current campaign cash.
Utah allows campaign accounts to be spent on any legal activity. And in years gone by, some candidates and officeholders, and some former officeholders, have given themselves campaign cash.
Considering that among the current crop of 18 retiring legislators, 76 percent of their campaign money in their last year for which disclosure forms are available came from special interest groups, a Deseret News analysis of their latest filings shows, then, in effect, they could be retiring on cash from lobbyists and special interests who sought special favors from them.
Can such a thing really happen, one may ask?
Yep. For example, Rep. Jack Draxler, R-North Logan, gave himself $6,300 last year from his campaign account, telling the newspaper that he is self-employed and he lost more than that through the 45-day general session and other legislative work days when he couldn't earn his regular pay. (Legislators make around $15,000 a year in state pay and expenses.)
And it has become rather regular for some retiring/retired legislators to donate big chunks of their campaign accounts to charities.
Previous bills on restrictions to campaign account expenses — and current talk about putting some limits on such spending — all include exceptions for donating campaign money to a bona fide charity. So it is likely that charitable giving will still be allowed under any new law restricting campaign account spending.
Curtis could not be reached for comment on this story. However, he has previously said that he would not take any of his campaign cash himself, but may give to other candidates, his party or to charity.
And he may seek higher office down the road. Curtis' nearly $400,000 (in PAC and campaign cash) would be a good jump-start for a campaign for governor, Congress or attorney general.
Other high-profile legislators have also raised a lot of cash for a political rainy day. For example, former House Speaker Marty Stephens raised several hundred thousand dollars while he was speaker and spent a chunk of it on his failed 2004 run for governor. And current Rep. Kevin Garn, R-Layton, kept about $45,000 in his Utah House account even after he lost a run for the U.S. House in 2002, and spent that money when he ran successfully for his Utah House seat again in 2006.
Eastman was one of the few retiring members who would comment on plans for his leftover money — about $22,000. He said he plans to give about half to charity, most of the rest to other politicians and maybe some for himself. "But I don't plan to be buying any plasma TVs for myself," he joked.
He said he does not favor restricting how campaign accounts can be used. "You elect honorable people, and they will use it in honorable ways," he said.
Eastman added that while he raised more than he needed in his last election, much of what is left over will go to "several Senate friends and other candidates who are deserving" and have similar political goals as he does.
While Eastman dislikes campaign-fund restrictions, he does support banning all gifts from lobbyists — another controversial political money issue.
Of note, exactly how much money retiring members have is often unknown. If they are not active candidates, they do not need to file disclosure forms — showing how much they are raising and how they have been spending it — until January, or just after they officially leave office.
________________________________________
E-mail: bbjr@desnews.com; lee@desnews.com
© 2008 Deseret News Publishing Company | All rights reserved

All this cash should be donated to children’s charities’. - Alex

Southern Utah residents have say on immigration

ST. GEORGE - A slumping economy may have dominated the headlines of late, but immigration took center stage Wednesday, during a meeting of the Utah Legislature's interim Immigration Committee at Dixie State College.

The committee, assigned by legislative leadership to study immigration issues and make recommendations for future state action, has met throughout the state this year, gathering input from residents and hearing testimony from various community leaders.

In Wednesday's meeting, members of local anti-immigration groups such as the Utah Minutemen and Citizens Council Against Illegal Immigration weren't shy about their takes on the issue, saying undocumented immigrants cost U.S. citizens in a myriad of ways. Some clapped when Rep. Neil A. Hansen, D-Ogden, arguing that undocumented immigrants deserve humane treatment, barbed "Why don't we just shoot people as they come across the border?"

Committee members said they simply wanted to gather information as they consider possible legislation on immigration, and asked for new ideas and thoughts on how the state government could best handle the issue.

Larry Meyers, a local attorney and member of the Citizens Council Against Illegal Immigration, said the issue shouldn't be about race, but about whether someone is legal or illegal. He encouraged the committee to consider ways to improve immigration enforcement through both funding and legislation.

"We care about this issue," he said. "We don't want our community invaded by people who aren't in this country legally."

Aaron Corsi, a St. George resident who has lived in California, said he hopes the gangs and crime he saw there don't engulf Southern Utah. He said it has been difficult finding work in St. George lately, and he sees mostly Latinos doing the construction.

"It's frustrating when I go to some of these places and can't get a job, and the ones working are illegals," he said.

Such concerns have already spurred some local government action. Last week the St. George City Council voted unanimously to include a new clause in business license applications that makes business owners certify that all of their workers are legal.

Retired Sen. Bill Hickman, R-St. George, has sponsored legislation that would make it tougher for undocumented immigrants to get jobs and find places to live in Utah. SB81, set to take effect in July 2009, was toned down from earlier versions as it passed through the Legislature, but still includes provisions that mandate some employers verify their workers are legal and allows police officers to enforce immigration law.

Opponents of such legislation contend these attempts do little in actually addressing the fundamental problems behind the issue, and often lead to profiling and incite racism.

Manny Aguilar, a St. George resident and activist for Latino affairs in the area, said he is concerned that immigration legislation would only be focused toward Latinos, and said the issue has caused divisions among American and Latino cultures.

"We don't see anybody else getting picked on," he said.

If the government pursues Legislation, some residents asked that it also promote a peaceful discourse, said St. George resident Yulma Diaz. She said she has personally been ridiculed and belittled because of her looks, despite being a U.S. citizen.

"As we do this, can we at least promote peace?" she said.

Hansen, who said his district is the most diverse and economically challenged in the state, said his main concern was making sure to prevent discrimination.

"This country of the United States is a United States of immigrants," he said.

The committee heard two presentations on E-Verify, an online system jointly operated by the Department of Homeland Security and the Social Security Administration to check the work status of new hires.

Gloria Aitken, management and program analyst with the United States Citizenship and Immigration Services under the Department of Homeland Security, said the system, often criticized for technical problems and database errors, has had most of its bugs worked out, citing a "94 percent accuracy rate."

Hickman, also a committee member, said he was concerned that the system is inherently flawed as currently instituted, because employers must voluntarily choose to take part.

"That doesn't solve the problem," he said. "The problem is an attempt to verify the status of the employees, and I can't imagine, if it's on a voluntary status, what benefit that is."

Barbara Szweda, public policy advocate with the American Civil Liberties Union of Utah, gave a presentation on the system as well, calling it a "quick fix" to the problem of undocumented workers that has actually caused enormous financial losses to both businesses and employees because of ongoing technical problems and obvious threats to privacy.

"It's sort of like throwing the baby out with the bath water if we don't take the time to look at the impact it could have on American citizens," she said, arguing that while the system may catch some undocumented workers, it could also hurt legal citizens through unfair errors.

http://www.thespectrum.com/article/20081113/NEWS01/811130320

Sanctuary City Must Report Alien Drug Offenders, Court Rules

Immigration enforcement advocates scored a major victory on October 22nd when the California First District Court of Appeals reinstated a lawsuit against San Francisco's sanctuary city policy that had been thrown out last year. The suit, Charles Fonseca v. Heather Fong, Chief, San Francisco Police Department, challenged that the city's practice of not cooperating with federal immigration authorities violates a state law that requires law enforcement officers who make arrests on drug related charges to notify the federal government if it is suspected that person is not a U.S. citizen. (Opinion of the California 1st District Court of Appeals) The Superior Court judge who heard the case last year dismissed it on grounds that the state statute was itself an invalid law that sought to regulate immigration. The appellate court disagreed, noting that the law intended to fight drug trafficking in California.

The plaintiff, Charles Fonseca, noted that his interest in filing the lawsuit was "making the city comply with the law." (San Francisco Chronicle, October 23, 2008) The court decision requires the city to comply with the state law, which the city maintains will have no "bearing on the city's sanctuary ordinance," noting that written policies for the city already "allow" officials to report drug offenders who appear to not be U.S. citizens to federal authorities. (San Francisco Chronicle, October 23, 2008) However, President Tom Fitton of Judicial Watch remarked: "This landmark ruling strikes at the heart of the sanctuary movement for illegal aliens. San Francisco and other sanctuary cities are not above the law. This court ruling exposes the lie behind the argument that state and local law enforcement cannot help enforce immigration laws." (The Wall Street Journal, October 23, 2008)

This case marks just another instance in a year of troubles for San Francisco's sanctuary city policy. In June, Mayor Gavin Newsom came under fire after the San Francisco Chronicle uncovered a taxpayer-funded program that was flying illegal alien youth gang members back to their country of origin, rather than entering them into the court system. Then, in early October, city officials announced that a federal grand jury was investigating whether the sanctuary city policy violated federal immigration laws that prohibit aiding and abetting illegal aliens. (See Legislative Update, October 14, 2008)

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Utah Minutemen Head South to Protect More than Just the Border

by Chelsea Warren - 14 Oct 2008

Modern-day Minutemen call Utahns to action and rally people to defend the U.S. border.

The Utah Minuteman Project, an organization of Utah citizens dedicated to protecting the U.S. against illegal immigration, prepares to travel to the Arizona/ Mexico border this weekend to help local border watch groups on patrol.
Utah State House Representatives Stephen Sandstrom (R-Orem) and Chris Herrod (R-Provo) will accompany them.
Eli Cawley, chairman of the board of the UMP, stressed the importance of this event, which is known as a muster, in supporting border watch organizations.
"It is important for us to be aware and to lend a hand," Cawley said.
The Minutemen go down twice a year, in April and October, to help watch the border and receive first-hand education on the issues of border control.
Participants in this event pay their own way, which has an estimated cost between $600 and $1,200. Five-time muster participant Norm Davis said the financial contribution is "no small commitment."
Muster members lend their eyes and ears to border patrol members to cover the wide stretches of desert terrain.
"We provide support as observers for these agents covering 15-20 mile stretches," said Davis, the elected chairman of standing subcommittees for UMP.
Minuteman participation in these musters has drawn criticism from several community groups, including officials in Arizona border patrol.
"We do not support what the Minutemen do and they are not invited to our musters," said Mario Escalante, public affairs officer for the Tucson sector of the U.S. border patrol. "Not only do we have to worry about someone smuggling people or dope across the border, but you have to worry about this civilian putting themselves in harm's way. It makes our job that much more difficult."
Davis said the participants act only as observers and do not participate in the dangerous aspects of suspect apprehension.
Community member Alex Segura founded the Utah Minuteman Project in response to the increased frequency of illegal immigration and its effects on the community, Cawley said.
"This organization is important for people to know about because we are one of the only ones battling for our language, culture and borders for our children and grandchildren," Cawley said. "People say 'diversity this' or 'compassion that,' but it comes down to battling for our nation."
The UMP board of directors comprises Hispanic and other non-white members, which Cawley said defies any ideas that they might be a prejudice-based group.
"La Raza y MIChA say we are terrible monsters and racists," Davis said. "We love Mexican people; we just don't want illegals in our country."
University of Utah MIChA organization member Denise Cantaeda said she personally understands the Minuteman reasoning for going to the border, but that the work is better left to trained professionals.
The forefront issue in illegal immigration is not one of race, Davis said, but one of respecting the law and going about appropriate channels to obtain entry into the U.S.
"I have family members from China and Germany who paid thousands of dollars to get a green card legally," Davis said. "They respected the law and sacrificed to get here."
http://nn.byu.edu/story.cfm/69806

Governors denounce Chaffetz's 'tent cities' idea

PROVO — Utah Gov. Jon Huntsman Jr. and New Mexico Gov. Bill Richardson have distanced themselves from Jason Chaffetz's claim that his idea to detain illegal immigrants in tent cities surrounded by barbed-wire fences came from the Western Governors' Association.
Chaffetz, the Republican nominee for Utah's 3rd District seat in the U.S. House, only regrets using the word "tent."
Chaffetz has been under fire lately for his position that illegal immigrants who have committed crimes should be held in tent cities surrounded by barbed-wire fences. His immigration policy also would detain undocumented immigrants in those facilities if they don't return to their countries of origin.
Chaffetz tied his idea to a proposal by the WGA, which includes Huntsman, who is his former boss, and Richardson.
"What did (Sheriff) Joe Arpaio do in Maricopa County (Arizona)?" Chaffetz said at the state Republican convention. "He put up tents. He put barbed wire around them. Now this isn't some wild Jason Chaffetz plan, this is a concurrent resolution — a joint resolution — between Republican and Democratic governors."
Huntsman, who has endorsed Chaffetz, recently told radio journalist Doug Fabrizio that Chaffetz's suggestion of a tent city was "extreme" and different from the WGA proposal.
"I heard somebody reference the Western Governors' model," Huntsman said on the live broadcast. "I was involved with drafting that with (Arizona Gov.) Janet Napolitano. We talked about a regional correctional facility to handle some of the overload that the states can't handle. Nobody talked about tent cities with barbed-wire fences around (them)."
Richardson, a Democrat, went further.
"Mr. Chaffetz's immigration proposal is offensive and inhumane and should be rejected out of hand," Richardson said. "His statements do nothing more than add more of the same divisive political rhetoric that incites confrontation and does not solve the problem, and is not what the Western Governors' Association supports."
Chaffetz said Thursday his idea is simply a cheaper alternative to the WGA's call for federal correctional facilities in the West.
"We agree on the need and the function if not the form," Chaffetz said. "I recognize the word 'tent' is sensational."
Chaffetz said a company in the 3rd District, Sprung, makes quality tents for the military and correctional facilities that are a far cry from those available at Cabela's. Images of the tents can be found at sprung.com by clicking on "Industry Gallery" near the bottom of the home page and then clicking on "Correctional Facilities."
"These tents are being used in Idaho, Florida, Texas, Hawaii and even in Washington County," Chaffetz said. "I keep getting tripped up by the word 'tent.' I could do better if I called them eco-friendly, highly portable, innovative structures."
Chaffetz continued Thursday to blame the ongoing controversy on misrepresentations from his Democratic opponent, Bennion Spencer, whose staff sent a letter to the WGA requesting a response to Chaffetz's plan.
Spencer was quoted in an Associated Press story saying that Chaffetz would put people "in a tent city because of their ethnic persuasion."
"I've never taken the position I want to round everybody up based on ethnicity and throw them in a tent city," Chaffetz said. "That's a complete fabrication and a lie. If someone said we should, I'd get whipped up over it, too. That's irresponsible. Fortunately, I've never taken that position."
Spencer continued to say Thursday that Chaffetz's plan is offensive, calling it racial profiling. Now, he said, the issue is helping him raise money. The AP story was published around the country and led to radio appearances by Spencer that he said prompted donations.
"When my financial disclosures come out you'll see donations from Florida, New Jersey, Missouri," Spencer said. "People have heard me on the radio, and they're sickened by his immigration position. They go online and give me money. They go, 'Stop the Nazi.'"

© 2008 Deseret News Publishing Company All rights reserved
http://www.deseretnews.com/article/1,5143,700265411,00.html?pg=2

Immigration Contributing to Economic Crisis, Experts Say

FAIR-Washington

With American financial markets facing severe crises meriting intervention from the federal government, several experts have recently argued that granting subprime mortgages to immigrants - both legal and illegal - have played a role in bringing about the current economic decline. During "the boom years," many immigrants took out high-interest fixed-rate loans or subprime mortgages with a low entry rate that later rose sharply in order to buy homes in the United States that they could barely afford. (Reuters, January 30, 2008)
The National Council of La Raza (NCLR) pointed out in April of last year that recent immigrants often turn to subprime lenders for several reasons. (USA Today, April 25, 2007) According to NCLR, 35% of Hispanic families do not have checking accounts. Furthermore, recent immigrants typically do not have credit histories and are more likely to have undocumented income. This in turn causes immigrants to seek out lenders who do not require income verification. Additionally, subprime lenders have been supported by politicians and community organizations wishing to promote minority homeownership. The subprime crisis led NCLR last year to call for a moratorium on subprime home foreclosures. (Id.)
Subprime loans have been instrumental in bringing about a recent fourfold increase in home foreclosures in Barnstable County, Massachusetts. (Cape Cod Online, July 3, 2007) Pam Parker, a mortgage prevention counselor at the Housing Assistance Corporation in Barnstable County, observed that many immigrants had taken these loans "because they don't know our language and they don't know our culture." (Id.) In 15 San Diego County, California zip codes - where home values have fallen as much as 40% - roughly 45% of home loans granted in 2005 and 2006 were subprime. (The San Diego Union-Tribune, July 20, 2008) According to Gabe del Rio, vice president of lending and homeownership at San Diego-based Community HousingWorks, many of the individuals who come to his agency for financial counseling are recent immigrants who spoke little English and did not understand the terms of their subprime loans. (Id.)

***UMP PRESS RELEASE***

October 1, 2008
Contact: Alex Segura

Since April 2005 members of the Utah Minuteman Project have been involved performing border patrols to subsidize the work of the U.S. Border Patrol.
Our patrols provide any extra set of ears and eyes as well as a voice to help the border patrol and their officers who serve as our country’s first line of defense to keep unauthorized people and cargo from entering into the United States.
We have planned yet another trip to the Arizona Mexico border October 18th to the 20th. We will work in conjunction with the local border watch groups to help patrol in the capacity of neighborhood watch volunteers.
This year a Republican member of the House of Representatives Stephen Sandstrom from District 58 has enlisted us to assist him during this October’s eighth border watch event.
He has also invited Rep. Chris Herrod from District 62 a Republican to join in the October event and he has accepted.They will be joined by Utah Minuteman Project Founder Alex Segura and Director Eli Cawley.
House members will inspect the new fencing, patrol the Arizona Mexico border both during the night and day, will be actively involved in meeting with local residents who live along the border fence, with Tucson sector border patrol officers, Tucson sector legislators as well as with local law enforcement personal.
This trip is planed as a way to have members of the Utah legislature directly involved in the everyday lives of the people who live and work on the border and what they endure.
There are also the indirect effects of Utah laws that encourage illegal immigration from Mexico through Arizona and its ill effects on Arizona as a result, even in the face of Arizona’s new get tough law.
Our hope is to have the House Members bring back their experience and pass it along to their counterparts in the legislature as a guide to understand the effects of the immigration laws they draft here have on other bordering states and their citizens.

Lou Dobbs Headlines 2008 FAIR Hold Their Feet to the Fire

Lou Dobbs, who has added a nationally syndicated radio show to his role as host of the highly rated CNN program, is among 50 or so talk radio personalities participating in the 2008 Hold Their Feet to the Fire event. Broadcasting from the Phoenix Park Hotel on Capitol Hill on September 10 and 11, talk radio hosts from all across the United States will devote their programs to the issue of immigration.
Hold Their Feet to the Fire has become an annual event, attracting some of the leading talk radio programs to the nation’s capital to raise an important issue that many of the nation’s leaders would prefer to ignore: immigration reform that places the interests of the American people first.
The 2008 Hold Their Feet to the Fire event is being organized by the FAIR Congressional Task Force (FCTF), a 501(c)(4) organization affiliated with FAIR. Hold Their Feet to the Fire is co-sponsored by Roger Hedgecock, host of a popular talk radio program on KOGO in San Diego. Hedgecock originated the Hold Their Feet to the Fire concept and has worked with FAIR and FCFT to expand it into a major annual event.
Talk radio has had an undeniable impact on the outcome of the immigration debate. This year’s Hold Their Feet to the Fire event is designed to provide millions of talk radio listeners in every state with a high profile forum to express their views about this vital national issue.
Energized by the highly successful Hold Their Feet to the Fire event which took place in April 2007, talk radio and their listeners generated unprecedented public opposition to the Senate amnesty and guest worker bill that was introduced the following month. The level and intensity of public opposition to amnesty and millions of new guest workers was directly responsible for the defeat of the bill that had the backing of the White House and many congressional leaders. Hold Their Feet to the Fire is designed to ensure that as a new administration and a new Congress take office in 2009 they are fully aware of overwhelming public support for immigration reform legislation without amnesty or guest worker provisions, and for overall reductions in immigration levels.
Arguably no media figure has had a greater impact on the immigration debate than Lou Dobbs. Dobbs’ CNN program carried live feeds from the 2007 Hold Their Feet to the Fire, and his relentless coverage of the clear sell-out of the public interest was instrumental in the defeat of the Senate amnesty bill. Dobbs now has a daily radio broadcast as well, syndicated nationally on the United Stations Radio Network. The inclusion of Dobbs’ radio program to the 2008 Hold Their Feet to the Fire line-up adds star power to an already high profile event.
Like FAIR, the mission of the FCTF is to educate the American public about the importance of adopting immigration policies that serve the public interest. The reputation that FAIR and FCTF enjoy with leading media organizations makes it possible to communicate our agenda for true immigration reform into homes across America. We are honored by the trust many in the media place in us, as exemplified by their willingness to participate in Hold Their Feet to the Fire 2008.

Legislative panel urged to 'hang tough' against illegal immigration

By Christopher SmartThe Salt Lake TribuneSalt Lake Tribune
08/28/2008 06:41:58 AM MDT

KIMBALL JUNCTION - Crime would go down. Taxes would go down. Unemployment would go down. And everyone would speak English. That would be the result if federal officials enforced immigration laws, according to various speakers Wednesday evening before the Utah legislative Immigration Interim Committee. But since that is not going to happen, Utah must enact SB81 - passed earlier this year but not slated to take effect until July 1, 2009 - and make sure police and employers throughout the state enforce it. The committee's third of eight such hearings was held at Ecker Hill Middle School, a stone's throw from Kimball Junction, where Summit County's booming resort economy is underpinned by immigrant labor. Speakers, like retired U.S. Border Patrol officer Eugene Davis, stressed they weren't against legal immigration, but that undocumented workers were crippling the country economy and culture. And Davis added, that porous borders also are an invitation to terrorists. "I have grave concern that we continue to swim in a sea of illegal immigration," he told the committee. "If we cannot control our borders, we cannot control our destiny." The Utah law that outlines, among other things, that local law enforcement be included in immigration policing and that employers be held responsible for hiring undocumented workers, was based on Oklahoma legislation. "I want you guys to hang tough," said visiting Oklahoma Rep. Randy Terrill. "Don't be harassed or bullied or intimidated by the naysayers. There is going to be an outcry from the business community." Oklahoma was sued by the U.S. Chamber of Commerce, as well as the Oklahoma Chamber of Commerce. Portions of the law were struck down. But Terrill said lawmakers would prevail on appeal. The new law will save Oklahoma taxpayers $200 million a year in costs incurred in health care, education, welfare and corrections by undocumented aliens, Terrill said. When asked by committee member Utah Rep. Neil A. Hansen what should happen to American-born children whose undocumented parents are deported, Terrill said that lawbreakers of any kind are separated from their families when they go to prison. That comment left Park City outreach worker Shelley Weiss livid. "I find that morally reprehensible," she said in an interview outside the hearing room. "The U.S. Chamber of Commerce will sue Utah, just like they did Oklahoma." Park City businessman Brian Harlig said the testimony Wednesday evening did not reflect opinions in Summit County, where unemployment is practically nonexistent. "Nobody disagrees that immigration needs to be addressed," he said in an interview. "But they want to handcuff them and send them back. It's B.S." But speaker after speaker told the committee that undocumented workers keep wages down. "It's a contemptible statement to say they take jobs Americans just won't do," said Kent Lundgren, president of the National Association of Former Border Patrol Officers. Without a large pool of cheap labor, employers would raise wages and unemployment would go down, Lundgren explained. Others, including Alex Segura of the Utah Minuteman Project, testified that such things as the state's driver privilege card for immigrants is a great aid to undocumented workers and helps them obtain false documents and perpetrates identity theft. Utah Rep. Christopher Henrod, who is not on the panel but was speaking as a citizen who is married to a legal immigrant, said the Beehive State has a reputation of being friendly to undocumented workers. "Do we want to be known as the state that opens its arms to illegal aliens?" csmart@sltrib.com

Hispanic Republican Lacks Support of Republican Hispanic Assembly

March 27th, 2006 @ 6:40am
SALT LAKE CITY (AP) -- Republican Hispanic legislative candidate Alex Segura lacks the support of the Utah Republican Hispanic Assembly.
In fact, the assembly does not want him in their ranks because of his stand against illegal immigration as head of the Utah Minuteman Project.
"I would say I know people who are white who are more Hispanic at heart than Mr. Segura," said Marco Diaz, assembly chairman. Diaz said the assembly is looking for candidates not for their skin color but for their support of the Hispanic community.
Segura said, "I think it's a disgrace ... to go and tell a native Utahn of Mexican and Spanish descent that he's not Hispanic. You cannot erase my ethnicity because it does not meet your agenda. It's not going to work."
Segura sees his ethnicity as an advantage because "it helps people open up more" when expressing their frustration about immigration.
Segura faces Pete Moesser and Andrew Parker for the Republican nomination in West Valley House District 33. The seat is held by Democratic Rep. Neal B. Hendrickson.
James Evans, chairman of the Salt Lake County Republican Party, says Segura is one of two Republican Hispanics running for the Legislature. The other is Christine Hansen, who is running against incumbent Democrat Ralph Becker of Salt Lake City in District 24.
As Utah's population becomes more diverse, officials within the state's Democratic and Republican parties predict that more minority candidates will follow.
Minorities comprise about 16 percent of the state's population.
Becker and Evans are aware of only eight racial and ethnic minority candidates for the Legislature, but leaders of both parties point to increased participation of minorities within the parties and in candidacy for local seats.
In general, the minority candidates for the Legislature say they're proud of their heritage but hope voters will see them for their qualifications, not their ethnicity.
As a black candidate, South Ogden Mayor George Garwood Jr. says he hopes delegates will take Martin Luther King Jr.'s dream of judging people by their character to heart when they decide whether he or Jonathan Aubrey will be the Republican candidate for House District 10.
"I'm hoping people will look at me, and what I stand for, what I've done, and look at my record as a City Council member and mayor," said Garwood.
Democratic Senate candidate Mark Flores said he's "very proud of what I am" as a Hispanic, but "my campaign is really about being a Utahn."
Flores and another Hispanic, Rep. Ross Romero, are both among a crowded field of Democrats vying for the seat being vacated by Democratic Sen. Patrice Arent of Murray, who opted not to run for re-election.
Other minority candidates include Rep. Curt Oda, R-Clearfield, a Japanese American and the state's only sitting Republican of minority descent; Rep. Mark Wheatley, D-Murray and a Hispanic; and Ron Atencio of Ogden, a Hispanic and the only Democrat running in House District 9.
Todd Taylor, executive director of the Utah Democratic Party, said there are active efforts to recruit more women and minority candidates.
"It's absolutely critical to be reflective of the community that's here," Taylor said. "I think it's important that the issues of race be addressed. They should not be ignored."
Jeff Hartley, executive director of the Utah Republican Party, said his party welcomes minorities, but "our approach is a colorblind approach" based on the party platform.
"If you require the Legislature to be representative in terms of race, you're assuming that a white legislator couldn't represent a minority," he said.
(Copyright 2006 by The Associated Press. All Rights Reserved.)

Utah delegation, like U.S., shows a lack of diversity

Beehive State group has but one non-Anglo among 68 delegates, alternate delegates and party officials

By Thomas Burr The Salt Lake Tribune Salt Lake Tribune
Article Last Updated:09/05/2008

ST. PAUL, Minn. - Comedy Central's "The Daily Show with Jon Stewart" posted a billboard outside the Twin Cities proclaiming to Republican National Convention delegates: "Welcome, Rich White Oligarchy." Republicans may sharply disagree with two of the descriptors, but with a sea of almost all white delegates, they'll have a hard time arguing with the other. Of the 2,380 delegates at the convention, only 36 are black (1.5%), according to the Joint Center for Political and Economic Studies. And a CBS-New York Times survey of delegates found 93 percent of delegates are white and only 5 percent are Latino. Utah's delegation is a prime example: There is only one non-Anglo among the 68 delegates (1.5%), alternate delegates and party officials. That is despite the fact that Latinos are the fastest-growing population in Utah for the past decade and now make up about 12 percent of the state. More than 300,000 Latinos reside in the Beehive State. Even so, Sean Reyes, a Salt Lake City lawyer who is a quarter each Japanese, Hawaiian, Spanish and Filipino, says the lack of diversity on the floor of the Xcel Center this week is not an accurate reflection of the party overall. "The party has welcomed us with open arms," says Reyes, an alternate delegate. "It's not an indictment of the party, but an opportunity for us to do more with the party." Reyes - who was joined at the convention by Utahn Marco Diaz, vice chairman of the National Republican Hispanic Assembly - says the Republican Party has made strides in reaching out to Latinos. He predicts that in 10 or 15 years, many more Latinos will realize the GOP shares their values. "The system may reflect more our newness to the political process and not understanding necessarily how to become a delegate or the importance of being a delegate," Reyes says. The Utah Democratic Party's 40-member delegation to its national convention last week included four blacks and three Latinos. Surveys show a similar diversity gap nationally. In 1999, a survey by the Pew Hispanic Center found that Latinos who identified with or leaned toward a party backed Democrats 58 percent of the time, compared to 25 percent for Republicans. This year, the same survey showed 65 percent of Latinos identify or lean toward the Democratic Party, and 26 percent aligned with the GOP. President Bush drew about 40 percent of Latino voters in the 2004 election, but the party has since lost sway with this population. A poll earlier this year showed almost a 66 percent vs. 23 percent difference between Latinos supporting Democrat Barack Obama over Republican John McCain. "Hispanics traditionally are Democrats," says Susan Minushkin, deputy director of the Pew Hispanic Center. While Bush did well with Latinos, she said, "Right now, they appear with party identification to have switched back." Utah Republican Chairman Stan Lockhart says the party is trying to recruit more people, including Latinos, to join through the Republican Hispanic Assembly and other outlets. He says the party is being aggressive in trying to send the message that Republican values are Latino values as well. "We'd like to see a delegate makeup very similar to the makeup of the population of our country and of our state," Lockhart said. Diaz, a GOP activist and former congressional staffer to Rep. Chris Cannon, says the lack of diversity is something the party is working on. "Obviously, we have some opportunity to try and recruit, engage and involve more Hispanics in our party," he says. But the makeup may not change dramatically overnight. "It's a process; it takes time," he says.


Alex Comment;
Marco Diaz wants Hispanics that DONT support illegal immigration reform (or whites) joining the Utah Republican Hispanic Assy.
He would not let me join, also the Utah GOP leadership loves him because his brown and down with the invasion.
Token Hispanic

Sarah Palin silent on immigration issues

Sarah Palin & Jason Chaffetz
Republican Presidential hopeful John McCain surprised America by announcing Alaska Governor Sarah Palin as his Vice-Presidential running mate -- a virtual unknown in US politics. Since then, McCain's campaign has kept the press from interviewing Palin; her stance on a number of issues is unknown. This especially includes immigration -- a hot topic in today's American political landscape.
Non-partisan political websites such as ontheissues.org mark Palin as having no stance on immigration. However, given John McCain's stated positions on the topic, and the amount of spotlight shining on his young running-mate, the issue is likely to come up before November when the nation chooses the next President.

In an unusual situation in America's two-party political scene, both McCain and his opponent Barack Obama are both on the record as supporting a guest worker program that offers a path to eventual citizenship. They also both support an increase in the nation's H-1B visa quota.

For McCain, his positions on immigration have caused some friction within his party. The topic of immigration was notably absent during the Republican Convention. With Sarah Palin garnering all the attention, the absence of such an important issue during the many speeches went virtually unnoticed.

Governor Palin's background in politics has not given her a much of a foundation to take a stance on this issue -- there is no fence under discussion for her State's border with Canada. However, the press will have their chance to interview Palin soon; it remains to be seen what her position is on issues such as H-1B visas, a guest worker program and other topics that make up the debate on immigration reform.
Source: http://www.workpermit.com/news/2008-09-09/us/sarah-palin-silent-immigration.htm

Utah studies Oklahoma's HB1804

September 11th, 2008
State Rep. Randy Terrill, author of Oklahoma's omnibus immigration reform law, recently testified on the law's positive impact at a legislative hearing in Utah.
Utah lawmakers have used Terrill's law as a model for their own immigration reform efforts.
"Oklahoma has blazed a trail on immigration reform that other states are now following due to our success at addressing this issue at a time when Congress refuses to act," said Terrill, R-Moore. "I am excited by this opportunity and look forward to helping the people of Utah reduce the tremendous burden that illegal aliens place on society."
House Bill 1804, by Terrill, reformed Oklahoma law to eliminate incentives that lure illegal aliens to the state.
The bill terminated most public assistance and taxpayer-funded entitlement benefits for illegal aliens, restricted the ability of illegal aliens to obtain official government IDs such as driver's licenses, granted state and local law enforcement officials the authority to enforce federal immigration law including the ability to physically detain illegal aliens until they are deported, and penalized employers who knowingly and willfully employ illegal aliens.
In 2008, the Utah Legislature passed Senate Bill 81, a measure that included some of the same components as Terrill's House Bill 1804 in Oklahoma. Senate Bill 81 was approved by the Utah Legislature and signed into law by the governor, but its effective date was postponed until July 2009.
http://www.tulsabeacon.com/?p=890

FAIR Lobby Days Wrap Up

FAIR Lobby Days Wrap Up
Participants in FAIR's 2008 Lobby Days in Washington D.C. are wrapping up their visits today. The effort, which ran at the same time as the FAIR Congressional Task Force's "Hold Their Feet to the Fire" radio row event on Capitol Hill, brought activists from around the country to let their legislators know the American people demand real immigration reforms like building the fence, enforcing the law against illegal hiring, and making America secure from attack.
(photo from yesterday's press conference. FAIR president Dan Stein discusses FAIR's new 9/11 report. more photos and video to come)

LESC - Law Enforcement Support Center

The mission of the Law Enforcement Support Center (LESC) is to protect the United States and its people by providing timely, accurate information and assistance to the federal, state and local law enforcement community—365 days a year, 24 hours a day.
The Law Enforcement Support Center (LESC), administered by U.S. Immigration and Customs Enforcement (ICE), is a critical point of contact for the national law enforcement community, providing a wide range of informational services to officers and investigators at the local, state and federal levels.
The primary users of the LESC are state and local law enforcement officers in the field who need information about foreign nationals they encounter in the course of their daily duties.
The LESC, located in Williston, Vermont, operates 24 hours a day, 365 days a year to provide timely and accurate information to law enforcement officers on the immigration status and identity of individuals who have been arrested or are under investigation for criminal activity.
As the largest investigative arm of the Department of Homeland Security (DHS), ICE has made information-sharing partnerships with other law enforcement entities a key strategy in the agency's homeland security mission. The LESC is the centerpiece of this information-sharing effort.
Established in 1994, the LESC has evolved into a national center for supporting law enforcement operations and investigations.
LESC technicians have ready access to a wide range of databases and intelligence sources, including the following:
ICE Immigration Databases
National Crime Information Center (NCIC)
Interstate Identification Index (III)
Student and Exchange Visitor Information System (SEVIS)
U.S. Visitor and Immigrant Status Indicator Technology (US-VISIT) system
National Security Entry-Exit Registration System (NSEERS)
In addition, the LESC analyzes and disseminates information received from the public about suspicious or criminal activity. Information obtained from the public via ICE's toll-free tip hotline—1-866-DHS-2-ICE—is analyzed by the professional law enforcement staff at the LESC and quickly forwarded to ICE field units for investigation or other action.
LESC information and support services also include the following:
Responding to queries from local, state and federal correctional and court systems on immigration status of individuals in custody.
Responding to FBI requests for criminal background and immigration status checks on individuals seeking to purchase firearms in the United States (as authorized by the Brady Act).
Responding to U.S. Secret Service requests for criminal background and immigration status checks on individuals visiting the White House.
Responding to queries related to employment issues at sites that could be vulnerable to sabotage, attack or exploitation—including airports, defense contractors and installations, chemical factories, petroleum refineries, and other critical infrastructure sites.
Electronic access to the LESC is available in all 50 states via the Immigration Alien Query (IAQ) screen on the National Law Enforcement Telecommunication System. Automated responses are returned to the requesting ORI address. A total of 594,352 queries were processed in FY 2003.
For information on how to access the Law Enforcement Support Center via NLETS please direct inquiries to:
LESC Computer Services Division 188 Harvest Lane Williston, Vermont 05495 802-872-6050
or via the NLETS Administrative Message (AM) to VTINS07S0
In order to be best served by this system the ideal protocol would be wireless broadband laptop in the patrol cars with internet access over a secured network if available. Electronic access to the LESC is available via the Immigration Alien Query (IAQ) screen on the National Law Enforcement Telecommunication System web site. Automated responses are returned to the requesting ORI address in the car.
The secondary access scenario would be to call in to the dispatch center and have them access the internet site or call in to the ICE communications center at 802-872-6020.
Enforcement and training funding is available through the Department of Homeland Security and the State

The state shall allocate funding to establish and implement a law enforcement training project to assess the feasibility of establishing a statewide e-learning training course covering basic immigration law enforcement issues to be used by State, local, and tribal law enforcement officers in order to improve and enhance their ability, during their routine course of duties.
State, local, and tribal law enforcement officers can assist Local and Federal immigration officers at the Department of Homeland Security - Immigration and Customs Enforcement in the enforcement of Local and Federal immigration employment laws if requested to do so.

The Department of Homeland Security shall reimburse States and localities for all reasonable expenses, as determined by the Secretary of Homeland Security, incurred by a State or locality in the incarceration and transportation of an illegal alien.
Compensation provided for costs incurred under such subparagraphs shall be the average cost of incarceration of a prisoner in the State, as determined by the chief executive officer of a State (or, as appropriate, a political subdivision of the State) plus the cost of transporting the criminal or illegal alien from the point of apprehension, to the place of detention, and to the custody transfer point if the place of detention and place of custody are different.
State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior ICE knowledge or approval, as long as they are authorized to do so by state law. There is “no extant federal limitation” on this authority. The 1996 immigration control legislation passed by Congress was intended to encourage states and local agencies to participate in the process of enforcing federal immigration laws.1
Immigration officers and local law enforcement officers may detain an individual for a brief warrantless interrogation where circumstances create a reasonable suspicion that the individual is illegally present in the U.S. Specific facts constituting a reasonable suspicion include evasive, nervous or erratic behavior, dress or speech indicating foreign citizenship, and presence in an area known to contain a concentration of illegal aliens. Hispanic appearance alone is not sufficient.6 Immigration officers and police must have a valid warrant or valid employer’s consent to enter work places or residences.2
Any vehicle used to transport or harbor illegal aliens, or as a substantial part of an activity that encourages illegal aliens to come to or reside in the U.S. may be seized by an immigration officer and is subject to forfeiture. The forfeiture power covers any conveyances used within the U.S.3
In addition to the federal statutes summarized above, state laws and local ordinances controlling fair labor practices, workers compensation, zoning, safe housing and rental property, nuisance, licensing, street vending, and solicitations by contractors may also apply to activities that involve the hiring of illegal alien workers.
1. U.S. v. Ontoniel Vasquez-Alvarez, 176 F.3d 1294 (10th Cir.1999), cert. denied, SC 99-5643 (Oct. 4, 1999).
2. U.S. v. Brignoni-Ponce, 422 U.S. 873, 884-887 (1975).
3. INA 274(a), (b)(1).
Prepared by Alex Segura

The Law against Hiring or Harboring Illegal Aliens

The Law against Hiring or Harboring Illegal Aliens
Provided by Utah Minuteman Project – Used by permission
The following is an overview of federal law on hiring and harboring illegal aliens. It is not a substitute for professional legal counsel in specific situations.
Summary
A person (including a group of persons, business, organization or local government) commits a federal felony when he:
· assists an alien whom he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him to obtain employment,
· encourages that alien to remain in the U.S., by referring him to an employer, by acting as employer or agent for an employer in any way, or
· knowingly assists illegal aliens due to personal convictions.
Penalties upon conviction include criminal fines, imprisonment, and forfeiture of vehicles and real property used to commit the crime.
Anyone employing or contracting with an illegal alien without verifying his work authorization status is guilty of a misdemeanor. Aliens and employers violating immigration laws are subject to arrest, detention, and seizure of their vehicles or property. In addition, individuals or entities who engage in racketeering enterprises that commit (or conspire to commit) immigration-related felonies are subject to private civil suits for treble damages and injunctive relief.
Recruitment and Employment of Illegal Aliens
It is unlawful to hire an alien, to recruit an alien, or to refer an alien for a fee, knowing the alien is unauthorized to work in the United States.1 It is equally unlawful to continue to employ an alien knowing that the alien is unauthorized to work.2 Employers may give preference in recruitment and hiring to a U.S. citizen over an alien with work authorization only where the U.S. citizen is equally or better qualified.3
It is unlawful to hire an individual for employment in the United States without complying with employment eligibility verification requirements.4 Requirements include examination of identity documents and completion of Form I-9 for every employee hired. Employers must retain all I-9s, and, with 3 days advance notice, they must be made available for inspection.
Employment includes any service or labor performed for any type of remuneration within the United States, with the exception of sporadic domestic service by an individual in a private home.5 Day laborers or other casual workers engaged in any compensated activity (with the above exception) are employees for purposes of immigration law.6
An employer includes an agent or anyone acting directly or indirectly in the interest of the employer. For purposes of verification of authorization to work, employer also means an independent contractor, or a contractor other than the person using the alien labor.7 The use of temporary or short-term contracts cannot be used to circumvent the employment authorization verification requirements.8
If employment is to be for less than the usual three days allowed for completing the I-9 Form requirement, the form must be completed immediately at the time of hire.9
An employer has constructive knowledge that an employee is an illegal unauthorized worker if a reasonable person would infer it from the facts.10 Constructive knowledge constituting a violation of federal law has been found where (1) the I-9 employment eligibility form has not been properly completed, including supporting documentation, (2) the employer has learned from other individuals, media reports, or any source of information available to the employer, that the alien is unauthorized to work, or (3) the employer acts with reckless disregard for the legal consequences of permitting a third party to provide or introduce an illegal alien into the employer’s work force.11 Knowledge cannot be inferred solely on the basis of an individual’s accent or foreign appearance. Actual specific knowledge is not required. For example, a newspaper article stating that ballrooms depend on an illegal alien workforce of dance hostesses was held by the courts to be a reasonable ground for suspicion that unlawful conduct had occurred.12
It is illegal for non-profit and religious organizations to knowingly assist an employer to violate employment sanctions, regardless of claims that their convictions require them to assist aliens.13 Harboring or aiding illegal aliens is not protected by the First Amendment.14
It is a felony to establish a commercial enterprise for the purpose of evading any provision of federal immigration law. Violators may be fined or imprisoned for up to 5 years.15
Encouraging and Harboring Illegal Aliens
It is a violation of law for any person to conceal, harbor, or shield from detection in any place, including any building or means of transportation, any alien who is in the United States in violation of law.16 Harboring means any conduct that tends to substantially facilitate an alien to remain in the U.S. illegally.17 The sheltering need not be clandestine, and harboring covers aliens arrested outdoors, as well as in a building. This provision includes harboring an alien who entered the U.S. legally, but has since lost his legal status.
An employer can be convicted of the felony of harboring illegal aliens who are his employees if he takes actions in reckless disregard of their illegal status, such as ordering them to obtain false documents, altering records, obstructing INS inspections, or taking other actions that facilitate the alien’s illegal employment.18 Any person who within any 12-month period hires ten or more individuals with actual knowledge that they illegal aliens or unauthorized workers is guilty of felony harboring. 19
It is also a felony to encourage or induce an alien to come to or reside in the U.S. knowing or recklessly disregarding the fact that the alien’s entry or residence is in violation of the law.20 This crime applies to any person, rather than just employers of illegal aliens. Courts have ruled that “encouraging” includes counseling illegal aliens to continue working in the U.S. or assisting them to complete applications with false statements or obvious “errors”.21 The fact that the alien is a refugee fleeing persecution is not a defense to this felony, since U.S. law and the UN Protocol on Refugees both require that a refugee must report to immigration authorities “without delay” upon entry to the U.S.
The penalty for felony harboring is a fine and imprisonment for up to five years. The penalty for felony alien smuggling is a fine and up to ten years imprisonment. Where the crime causes serious bodily injury or places the life of any person in jeopardy, the penalty is a fine and up to 20 years imprisonment. If the criminal smuggling or harboring results in the death “of any person,” the penalty can include life imprisonment. Convictions for aiding, abetting, or conspiracy to commit alien smuggling or harboring, carry the same penalties. 22 Courts can impose consecutive prison sentences for each alien smuggled or harbored.23 A court may order a convicted smuggler to pay restitution if the alien smuggled qualifies as a “victim” under the Victim and Witness Protection Act.24
Conspiracy to commit the crimes of sheltering, harboring, or employing illegal aliens is a separate federal offense punishable by a fine of up to $10,000 or five years imprisonment.25
Enforcement
A person or entity having knowledge of a violation or potential violation of employer sanctions provisions may submit a signed written complaint to the INS office with jurisdiction over the business or residence of the potential violator, whether an employer, employee, or agent. The complaint must include the names and addresses of both the complainant and the violator, and detailed factual allegations, including date, time and place of the potential violation, and the specific conduct alleged to be a violation of employer sanctions. By regulation, the INS will only investigate third party complaints that have “a reasonable probability of validity.”26
Designated INS officers and employees, and all other officers whose duty it is to enforce criminal laws, may make an arrest for violation of smuggling or harboring illegal aliens.27
State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law. There is “no extant federal limitation” on this authority. The 1996 immigration control legislation passed by Congress was intended to encourage states and local agencies to participate in the process of enforcing federal immigration laws.28
Immigration officers and local law enforcement officers may detain an individual for a brief warrantless interrogation where circumstances create a reasonable suspicion that the individual is illegally present in the U.S. Specific facts constituting a reasonable suspicion include evasive, nervous or erratic behavior, dress or speech indicating foreign citizenship, and presence in an area known to contain a concentration of illegal aliens. Hispanic appearance alone is not sufficient.29 Immigration officers and police must have a valid warrant or valid employer’s consent to enter work places or residences.30
Any vehicle used to transport or harbor illegal aliens, or as a substantial part of an activity that encourages illegal aliens to come to or reside in the U.S. may be seized by an immigration officer and is subject to forfeiture. The forfeiture power covers any conveyances used within the U.S.31
Private persons and entities may initiate civil suits to obtain injunctions and treble damages against enterprises that conspire or actually violate federal alien smuggling, harboring, or document fraud statutes under the Racketeer-Influenced and Corrupt Organizations Act (RICO).32 The “pattern of racketeering” activity is defined as commission of two or more of the listed crimes. A RICO “enterprise” can be any individual legal entity, or a group of individuals who are not a legal entity but are associated in fact, and can include non-profit associations.
Employers who aid or abet the preparation of false tax returns by failing to pay income or social security taxes for illegal alien employees, or who knowingly make payments using false names or social security numbers, are subject to IRS criminal and civil sanctions.33
U.S. nationals who have suffered intentional discrimination because of citizenship or national origin by an employer with more than 3 employees may file a complaint within 180 days of the discriminatory act with the Special Counsel for Immigration-Related Unfair Employment Practices, U.S. Department of Justice.34
In addition to the federal statutes summarized above, state laws and local ordinances controlling fair labor practices, workers compensation, zoning, safe housing and rental property, nuisance, licensing, street vending, and solicitations by contractors may also apply to activities that involve illegal aliens.
1. INA 274A(a)(1)(A).
2. INA 274A (a)(2).
3. INA 274B(a)(4).
4. INA 274A(a)(1)(B)(i).
5. 46 USC 8704, 8 CFR 274a.1(f), (h).
6. Jenkins v. INS, 108 F.3d 195, (9th Cir.1997).
7. 8 CFR 274a.1(g).
8. 52 Fed. Reg. 16219 (May 1, 1987).
9. 8 CFR 274a.2(b)(1)(iii).
10. 8 CFR 274a.1(l).
11. 8 CFR 274a.1(l)(1).
12. Seven Star Inc. v. U.S., 933 F. 2d 791 (9th Cir., 1991).
13. AFSC v. Thornburgh 961 F.2d 1405 (9th Cir. 1992), Intercommunity Center for Peace and Justice v. INS, 910 F.2d 42 (2nd Cir. 1990).
14. U.S. v. Merkt 794 F.2d 950 (5th Cir. 1986), cert. denied 480 US 946.
15. INA 275(d).
16. INA 274(a)(1)(A)(iii).
17. U.S. v. Lopez, 521 F.2d 437 (2nd Cir 1975), cert. denied 423 US 995.
18. U.S. v. Kim, F.3d ---, 1999 WL 803256 (2nd Cir. Oct. 8, 1999).
19. INA 274(a)(3).
20. INA 274(a)(1)(A)(iv).
21. U.S. v. Oloyede, 982 F.2d 133 (4th Cir. 1992).
22. 274(a)(1)(B).
23. Vega-Murillo v. U.S., 247 F.2d 735 (9th Cir. 1957), cert. denied 357 U.S. 910.
24. U.S. v. Sanga, 967 F.2d 1332 (9th Cir. 1992).
25. 18 USCS 371.
26. 8 CFR 274a.9(b).
27. INA 274(c).
28. U.S. v. Ontoniel Vasquez-Alvarez, 176 F.3d 1294 (10th Cir.1999), cert. denied, SC 99-5643 (Oct. 4, 1999).
29. U.S. v. Brignoni-Ponce, 422 U.S. 873, 884-887 (1975).
30. 63 ALR Fed.180.
31. INA 274(a), (b)(1).
32. 18 USC 1961-1968.
33. 26 USCS 7206.
34. INA 274B(d).
Updated 12/99
Utah Minuteman Project – Used by permission

Enforcement measures unclear within SB81, enforcement measures need to be clearly defined in the bills language

In SB81 there is language in Section 10 that flies in the face of federal law.

http://le.utah.gov/~2008/bills/sbillenr/sb0081.pdf
US Code Title 8
http://www.law.cornell.edu/uscode/8/


Section 76-10-2701 (5) (a) and (b) gives a pass to religious denominations and organizations and their agents, officers, and members of the religious denomination or organization.

It seems there is a lack of consideration of the first amendments separation of church and state. Also it is in violation of federal law title 8 that reads;

A person (including a group of persons, business, organization or local government) commits a federal felony when he:
assists an alien whom he should reasonably know is illegally in the U.S. or who lacks employment authorization, by transporting, sheltering, or assisting him to obtain employment, encourages
that alien to remain in the U.S., by referring him to an employer, by acting as employer or agent for an employer in any way, or
knowingly assists illegal aliens due to personal convictions.

State government buildings Spanish signage

Is government buildings signage in English and Spanish only discriminatory and state sanctioned Hispanic favoritism? Where are all other languages?
Why not just us the international symbols system for foreign visitors rather then the state sanctioned discriminatory method currently in place in Utah?

In the United States, English is the national language only in an informal sense, by numbers and by historical and contemporary association. The US Constitution does not explicitly declare any official language, although the constitution is written in English, as is all federal legislation.
On May 8, 2007, Senator James M. Inhofe (R-Okla.) introduced Senate Bill S.1335, which would declare English as the official language of the government of the United States. The bill would require that the U.S. government conduct its official activities in English, repeal federal bilingual voting requirements, and
require naturalization ceremonies to be conducted solely in the English language. The bill contains a provision preventing it from pre-empting any law of any U.S. state.[10]
Previous incarnations of this bill were co-written and supported by Ron Unz, a California millionaire. He, along with his organization (U.S. English), has been pushing for the "English-Only" cause for many years.As of May 2007, several bills relating to English as a national language are pending in the U.S.House of Representatives.[11][12][13]

The Issuance, Acceptance and Reliability of the Mexican Consular Identification Cards being issued in Utah

Local police in communities with a large number of Mexican illegal aliens have been willing to accept the matricula because some identification is better than none. The ground rules seem to be that no arrests will be made for minor infractions. This means that no background checks are run. No fingerprints are taken. No criminal databases are checked.For Mexican citizens who posses one, the matricula has become a shield that hides any past criminal activity. But criminality is rampant in Mexico and, inevitably crosses our porous border. This is particularly true for drug traffickers, but also for money launderers and human smugglers, who have recently been

linked to organized crime in Mexico. Given the free pass that local police are giving to matricula holders, it is highly likely that Mexican criminals, irrespective of their legal status, obtain one from their consulate office. Mexican illegals also routinely commit crimes related to their illegal status. These include fraudulently obtaining U.S. birth certificates, Social Security numbers and driver’s licenses; engaging in sham marriages and other stratagems to obtain legal status; using fake U.S. immigration documents to receive
Government benefits; repeatedly crossing our border without permission, etc. Some local police believe it is not their job to enforce federal immigration law. But for the police to ignore federal immigration law is tantamount to subverting it. Foreign residents living here lawfully have U.S.-issued documents. If in accepting the matricula, an identity document needed only by illegal aliens, local police are failing to conduct background checks, they are abdicating their law enforcement responsibilities and putting their community at risk.

Mexican consuls call police to disperse big crowdshttp://www.deseretnews.com/article/1,5143,700237028,00.html

Instate Tuition fiasco is illegal, perpetrating Identity theft and creating state sanction separatist student groups

We have shown in testimony by Professor Kris Kobach former counsel to the White House and to the US attorney general who came to Utah to address the Utah legislature on two separate occasions during two separate legislative committee hearings discussing the instate tuition repeal bills. He has shown that the current structure of the instate tuition law was clear the law is discriminatory to students from other states and in violation of federal immigration law, the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA)
http://www.numbersusa.com/responsible/104IIRAIRA.html
TITLE 8 > CHAPTER 14 > SUBCHAPTER II > § 1623
http://www.law.cornell.edu/uscode/8/usc_sec_08_00001623----000-.html

Under current immigration law, Utah high school graduates who entered the United States unlawfully cannot legally work in the United States either before or after they graduate from a college or university. If they voluntarily leave the United States, they will not be eligible to re-enter legally for a minimum of ten years.
If students unlawfully in the United States find a job either during the time they are attending college or after they graduate, they are violating immigration law. If they work for a reputable employer who requires the completion of an I-9 form, they will have to present a Social Security card and some other form of identification. Since they cannot legally obtain a Social Security number, they will have to commit document fraud, a felony, in order to get one and if they falsify they I-9, the will have committed yet another felony.
"Identity thieves are no respecters of age. They will steal your children's ID, ruin their credit and hurt them in ways never thought possible before they can graduate from grade school,"
says Attorney General Mark Shurtleff. "Children are vulnerable even if parents do everything right." …The Identity thieves allegedly used the young victim's social security numbers to get jobs….
http://attorneygeneral.utah.gov/PrRel/prjuly152005.htm

There is irrefutable proof that shows states that grant instate tuition to the children of aliens are creating state sanction ties to the radical separatist student group who calls themselves Movimiento Estudiantil Chicana/o de Aztlan (MEChA) and they bring the Raza Chicana/o Studies curricula they are teaching.
CBS News - When Tom Horne Arizona’s Superintendent of Public Instruction finally acquired the program materials he requested, they included texts with titles such as Occupied America and The Pedagogy of Oppression. And according to John Ward, a Tucson teacher who saw his U.S. history course co opted by

the Raza Studies department, the Raza Chicana/o Studies curriculum’s focus is “that Mexican-Americans were and continue to be victims of a racist American society driven by the interests of middle and upper-class whites.”
When Ward raised concerns about Raza Chicana/o Studies (which is part of TUSD’s larger Ethnic Studies department) he was, despite being Hispanic himself, called a racist and eventually reassigned to another course. Ward told a reporter from the Arizona Republic that by the time he left the Raza Chicana/o Studies class, he had observed a definite change in the students: “An angry tone. They taught them not to trust their teachers, not to trust the system. They taught them the system wasn’t worth trusting.”
MEChA is still functioning fully funded by the Universities, state Scholarship Funds and grants.

Raza Studies-Chicana/o Studies defy American values.
http://www.cbsnews.com/stories/2008/07/02/opinion/main4227721.shtml

Students march on State Capitol
http://media.www.dailyutahchronicle.com/media/storage/paper244/news/2006/01/31/News/Students.March.On.State.Capitol-1545356.shtml

Movimiento Estudiantil Chicano de Aztlán (MEChA) - Calpulli Montañas del Norte
http://www.nationalmecha.org/about.html

University of Utah Chicano Studies Scholarship Fund Accepting Applications for the 2007 – 2008 year
http://www.diversity.utah.edu/news/Chicanoscholarship.html
http://www.ethnic.utah.edu/faculty-chicano.html

Minutemen say U policy on undocumented immigrants is illegal
http://media.www.dailyutahchronicle.com/media/storage/paper244/news/2006/01/31/News/Minutemen.Say.U.Policy.On.Undocumented.Immigrants.Is.Illegal-1545362.shtml

According to a Salt Lake Tribune poll released on January 13, 2007, 55 percent of registered voters support repealing in-state tuition. (No Tuition Break for Migrants, Most Say)
http://www.sltrib.com/portlet/article/html/fragments/print_article.jsp?articleId=5006731&siteId=297

Utah’s has a new group to support the unlawful residency of illegal alien in Utah.
Same players repackaged with the help of a U of U professor and MEChA students.

http://continue.utah.edu/eli/subanco.php

http://www.diversity.utah.edu/calendar.html

http://www.diversity.utah.edu/images/PDF

http://malcs.net/index.htm