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.
