SLC top cop: Immigration enforcement may go to court

By Nate Carlisle
The Salt Lake Tribune
Updated:01/13/ 2009

The Salt Lake City police chief said someone might sue him to enforce federal immigration laws, even if the department doesn't want to.
Chief Chris Burbank pointed to a provision in Utah's new immigration law, SB81, allowing citizens to go to court to if they feel government agencies are not following the bill.
Burbank said the court provision is vague and might allow someone to sue his department to force it to do anything from asking a driver about his or her immigration status during a traffic stop to forcing Salt Lake City police officers to become certified federal immigration agents.
"Our city attorneys feel there's no question someone can take us to court and force us into an action we don't want," Burbank said
Burbank worries that will have a chilling effect when his officers investigate crimes or interact with the public. He said communities with high immigrant populations have expressed similar concerns .
"One of the things they say is, 'Well, are you going to deport us if we call you?' " Burbank said.
Former state Sen. John W. "Bill" Hickman, who sponsored the legislation, said it was not politicians' intent to force police departments to become immigration officers, but a citizen may want to pursue the matter in court. Hickman said the court provision was inserted into the bill to mimic legislation in Oklahoma.
Hickman said Burbank's concerns were a "smoke screen" to keep from enforcing the new legislation, which is scheduled to take effect July 1.
"These people are here illegally," Hickman said. "That's the bottom line. I'm sorry that the chief may not get the cooperation he wants."
Among other things, SB81 limits undocumented immigrants' access to public services, requires government contractors to verify employees' immigration status and allows local police to enforce federal immigration laws.
Burbank has been the Utah police community's most outspoken critic of the legislation. On Monday, he said state politicians and immigration opponents have told him to be quiet.
Burbank did not list any names, but pointed to a legislative hearing where he testified in opposition to the bill. He said he was allowed to be "heckled" by Utah Minutemen -- an anti-illegal immigration group -- in the audience.
ncarlisle@sltrib. com