For the American who still thinks that immigration reform is far off and not needed, consider the latest foray into immigration legislation. Offering undocumented workers a permit, Utah is the latest state to tackle the illegal alien issue.
First it was Los Angeles and its Special Order 40, which was supposed to encourage undocumented immigrants to testify against criminals and pave the way for police and community interaction. Since then the regulation has been bastardized to prohibit law enforcement from even inquiring about a person's immigration status and Los Angeles -- as well as other California cities -- have become self-styled sanctuary cities.
The backlash was long in coming, but Arizona finally decided to go where other states had not dared to even look. Its controversial SB 1070 required law enforcement to ask about immigration status if there was the suspicion of illegal immigration. Although eventually judicially neutered, the bill sparked the debate over immigration reform across the nation.
Now Utah is entering the fray with its Utah Pilot Accountability Permit Program. The brainchild of Democratic state Sen. Luz Robles, the approximately 110,000 illegal aliens currently residing in Utah would have the option of applying for a work permit. To make the bill (which is still in draft form) more palatable across the political aisle, applicants must undergo a criminal background check, learn English and pay taxes.
To avert an influx of illegal immigrants into the state, the proposal requires illegal aliens to have lived in Utah for 18 months prior to registering. An exception can be made for undocumented workers who already have a job ready to go by the time they arrive. It is unclear how this is legally possible, since employers are not permitted to hire illegal aliens.
While Robles denies that permits for undocumented immigrants are a path to citizenship or even amnesty, they sure do look like it -- at first glance. When taking the time to actually consider the issue, she has a point in stating that Utah must pick up the slack where the federal government refuses to go.
The elephant in the room are the numbers of illegal aliens who are currently living and working in the country (whether we like it or not) and who need to be somehow tracked and managed to prevent the setup of a shadow culture. The latter not only spawns crime, but also victimizes its members by making them susceptible to abuse and substandard working conditions.
Even though the federal government has failed to act when California declared sanctuary city status in some areas, it was rather quick to argue against the people of Arizona in court. Will it sit by quietly while Utah contemplates comprehensive immigration reform on the state level? Will the legislature even stand behind this proposal when it convenes in January, 2011? Should it?