Utah Coalition of La Raza et al v. Herbert et al
Filing
37
Plaintiff's MEMORANDUM in Support re 36 Plaintiff's MOTION for Preliminary Injunction filed by Plaintiffs Centro Civico Mexicano, Alicia Cervantes, Coalition of Utah Progressives, Eliana Larios, Latin American Chamber of Commerce, Milton Ivan Salazar-Gomez, Salt Lake City Brown Berets, Service Employees International Union, Utah Coalition of La Raza, Workers United Rocky Mountain Joint Board. (Attachments: # 1 Order granting leave to file over length memorandum, # 2 Index of exhibits in support of Plaintiffs' motion for preliminary injunction, # 3 Exhibit Exhibit 1 (HB 497), # 4 Exhibit Exhibit 2 (Archuleta Decl.), # 5 Exhibit Exhibit 3 (Medina Decl.), # 6 Exhibit Exhibit 4 (Gerkin Decl.), # 7 Exhibit Exhibit 5 (Cordova Decl.), # 8 Exhibit Exhibit 6 (Picardi Decl.), # 9 Exhibit Exhibit 7 (Ruiz Decl.), # 10 Exhibit Exhibit 8 (Cervantes Decl.), # 11 Exhibit Exhibit 9 (Larios Decl.), # 12 Exhibit Exhibit 10 (Gascon Decl.), # 13 Exhibit Exhibit 11 (Gonzalez Decl.), # 14 Exhibit Exhibit 12 (Burbank Decl.), # 15 Exhibit Exhibit 13 (Venegas Decl.), # 16 Exhibit Exhibit 14 (Arguetta Decl.), # 17 Exhibit Exhibit 15 (Lowenthal Decl. & Ex A), # 18 Exhibit Exhibit 16 (Miller Decl. & Exs A-B), # 19 Exhibit Exhibit 17 (Fernandez Decl. & Exs A-G), # 20 Exhibit Exhibit 18 (Fernandez Decl., Exs H-K), # 21 Exhibit Exhibit 19 (Fernandez Decl., Exs L-O))(Goddard, Darcy)
Linton Joaquin*
Karen C. Tumlin*
Shiu-Ming Cheer*
Melissa S. Keaney*
NATIONAL IMMIGRATION LAW
CENTER
3435 Wilshire Boulevard, Suite 2850
Los Angeles, California 90010
Telephone: (213) 639-3900
Facsimile: (213) 639-3911
joaquin@nilc.org
tumlin@nilc.org
cheer@nilc.org
keaney@nilc.org
Omar C. Jadwat*
Andre Segura*
Elora Mukherjee*
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION
125 Broad Street, 18th Floor
New York, New York 10004
Telephone: (212) 549-2660
Facsimile: (212) 549-2654
ojadwat@aclu.org
asegura@aclu.org
emukherjee@aclu.org
Cecillia D. Wang*
Katherine Desormeau*
AMERICAN CIVIL LIBERTIES
UNION FOUNDATION IMMIGRANTS’
RIGHTS PROJECT
39 Drumm Street
San Francisco, California 94111
Telephone: (415) 343-0775
Facsimile: (415) 395-0950
cwang@aclu.org
kdesormeau@aclu.org
Darcy M. Goddard (USB No. 13426)
Esperanza Granados (USB No. 11894)
AMERICAN CIVIL LIBERTIES
UNION OF UTAH FOUNDATION, INC.
355 North 300 West
Salt Lake City, Utah 84103
Telephone: (801) 521-9862
Facsimile: (801) 532-2850
dgoddard@acluutah.org
egranados@acluutah.org
Bradley S. Phillips*+
MUNGER, TOLLES & OLSON LLP
355 South Grand Avenue
Thirty-Fifth Floor
Los Angeles, CA 90071-1560
Telephone:
(213) 683-9100
Facsimile:
(213) 687-3702
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH
CENTRAL DIVISION
Utah Coalition of La Raza, et al.,
Plaintiffs,
DECLARATION OF SHEILA MILLER
IN SUPPORT OF MOTION FOR
PRELIMINARY INJUNCTION
v.
Governor Gary Herbert and Attorney General
Mark Shurtleff,
Case No. 2:11-cv-00401-BCW
Defendants.
Judge: Brooke C. Wells
1
DECLARATION OF SHEILA MILLER
I, SHEILA MILLER, declare as follows:
1. I am employed as a Senior Paralegal with the National Immigration Law Center,
counsel of record for plaintiffs in the instant action. I make this declaration based on my
personal knowledge (except where expressly noted herein) and, if called upon as a witness, I
could and would testify competently as to the matters set forth below.
2. Attached hereto as Exhibit A is a transcription of excerpts of a March 4, 2011 hearing
before the Utah State Legislature – Senate floor debate of HB 497 S01 (Day 39), which is
available at the following URL
http://le.utah.gov/jsp/jdisplay/billaudio.jsp?sess=2011GS&bill=hb0497s01&Headers=true. This
transcript was personally prepared by me after listening to the audio recordings of the debate
found at the Utah State Legislature website.
3. Attached hereto as Exhibit B is a transcription of excerpts of a March 3, 2011 hearing
before the Utah State Legislature – House floor debate of HB 469 (Day 38), which is available at
the following URL
http://le.utah.gov/jsp/jdisplay/billaudio.jsp?sess=2011GS&bill=hb0469&Headers=true. This
transcript was personally prepared by me after listening to the audio recordings of the debate
found at the Utah State Legislature website.
4. I declare under penalty of perjury under the laws of the United States of America that
the foregoing is true and correct. Executed the 4th day of May, 2010 at Los Angeles, California.
/s/ SHEILA MILLER*
(* I certify that I have the signed original of this document which is available for inspection during
normal business hours by the Court or a party to this action.)
2
EXHIBIT A
State of Utah – 2011 General Legislative Session
Senate Floor Debate HB 497 S01 (Day 39)
Hearing Date: March 4, 2010
1
Mr. President:
Senator Bramble. You are on a roll. If you’ll quit eating we will do
another bill.
2
3
Sen. Bramble (R):
I am sorry Mr. President?
4
Mr. President:
Would you like to uncircle another one? You’re on a roll?
5
Sen. Bramble (R):
I believe the next one is uh, Senator Dayton’s 1st substitute HB497. I
6
believe she is the Senate Sponsor but I’d be happy to uncircle if we are
7
ready to present.
8
Sen. Bramble (R):
Yeah, you uncircled the last one. Uncircle this one too.
9
Sen. Bramble (R):
I move to uncircle HB 497.
Mr. President:
Thank you. The motion is to uncircle HB 497 the Utah Illegal Immigration
10
Enforcement Act. Senator Dayton, are you the sponsor?
11
12
Sen. Dayton (R):
Thank you Mr. President. I am. Thanks to you and Senator Bramble for
13
putting my bill up. Senators, as you all know and we have said many
14
times on this floor. The duties of the federal government are few and
15
defined. And, one of the few and defined duties of the federal
16
government is to protect our borders and they are utterly failing to do
17
their duty. We set an example for them in so many ways, balancing the
18
budget, listening to the people. There are so many things we do. This is
19
another example for us setting an example for them. In spite of the fact
20
that the federal govern is failing us in so many ways and overstepping
Page 1 of 4
State of Utah – 2011 General Legislative Session
Senate Floor Debate HB 497 S01 (Day 39)
Hearing Date: March 4, 2010
1
their bounds in other areas, we still have people doing everything they
2
can to get to this nation. I have great respect and concern for those who
3
are going through the long and laborious process of coming here legally.
4
It includes my daughter‐in‐law and others from other places around the
5
world who want to be citizens of this nation. The concern is for those
6
who come here illegally. This Bill that comes to us from the house with
7
54 sponsors addresses illegal immigration enforcement. We need to
8
have some kind of illegal immigration enforcement because 75% of illegal
9
immigrants that are here have stolen or falsified social security numbers
10
and we’ve had other bills in the past that address the problems and the
11
disruption to family lies with the loss and identify theft and the loss of
12
security, social security numbers. Nine million people are affected by this
13
problem. It’s a great concern also that Utah is number two in the 10th
14
district for criminal illegal reentry. There are some serious issues that
15
need to be addressed about illegal immigrants, and this Bill plans to
16
address those. What we have in this Bill are federal laws put into state
17
statutes so that we can enforce the federal laws since the federal
18
government is not. This Bill addresses identifying those who are here
19
illegally. It removes reasonable suspicion. It leaves law enforcement
20
when they stop people, they shall request verification. In the case of
Page 2 of 4
State of Utah – 2011 General Legislative Session
Senate Floor Debate HB 497 S01 (Day 39)
Hearing Date: March 4, 2010
1
Class A misdemeanors and felonies they may attempt verification process
2
for Class B and C misdemeanors. Meaning that the people who they are
3
questioning have to produce either verification of their residency or
4
information to show they are living here appropriately. The bill does not
5
implement the Federal Real ID Act. The bill does put into place some
6
concerns addressing those who are trying to get, come here to get
7
welfare. I guess, I am supposed to say public benefits but we are talking
8
about welfare. It requires strict social, strict compliance for public
9
benefits. And, if those people who are applying for them present false,
10
fictitious or fraudulent statements, it is a fraud and felony and it will be
11
enforced under our laws in the state. As I said earlier, it clears up the
12
concerns of what to do with those criminal reentrants, empowers law
13
enforcement to enforce on the state level, federal law. This is a bill that
14
has had a lot of writes and rewrites and discussion and I think a lot of you
15
are familiar with what we are trying to do on our Utah effort to control
16
illegal immigration enforcement and that is the explanation of the bill.
17
Mr. President:
18
Sen. McAdams (D): Thank you Mr. President. I appreciate the efforts that have been made to
19
resolve some unintended consequences as it relates to this bill and I think
20
that it has come a long way and it is appropriately named, not an Arizona
Page 3 of 4
Discussion of the bill. Senator McAdams.
State of Utah – 2011 General Legislative Session
Senate Floor Debate HB 497 S01 (Day 39)
Hearing Date: March 4, 2010
1
legislation. Nevertheless, I still have serious concerns with this bill.
2
Especially where this is an enforcement only bill and does not
3
contemplate other aspects of the challenges of immigration and for that I
4
will be voting, No. Thank you.
5
Mr. President:
Senator Dayton for summation on the Bill.
6
Sen. Dayton (R)
Thank you Mr. President. I would move that under suspension of the
7
rules first substitute House Bill 497 be read for the second and third time
8
and up for final passage.
9
Mr. President:
Did you make two motions or one? The motion is for suspension of the
10
rules the first substitute HB 497 to be passed all the way across. The
11
second motion is to be considered 497 to be read 2nd and 3rd time and we
12
will call roll. Encircle HB 469: Bill encircled
13
14
Page 4 of 4
End of tape
State of Utah – 2011 General Legislative Session
House Floor Debate HB 469 (Day 38)
Hearing Date: March 3, 2010
1
Rep. Dougall (R):
We’ve had a lot of discussion about immigration this session. But one
2
part of that discussion debate I thought was missing. From my
3
perspective, the most appropriate way to address illegal immigration
4
would be to expand legal immigration. I come from the perspective
5
where we should [be] welcoming the best, the brightest, the most
6
hardest working, the most entrepreneurial. All those who want to live
7
and provide for themselves and live the American dream. And that’s
8
what this bill does. It starts to push down that path to push back against
9
to fence to say, “wait a second, Utahans are welcoming people” and I
10
believe Utahans would open their arms to immigrants that want to come
11
and live in Utah. And, so this bill creates a sponsorship program whereby
12
Utahans can sponsor immigrants, legal immigrants that want to come to
13
this state and to be part of our communities and that’s what this bill
14
does. This bill also recognizes that historically immigration in colonial
15
times was a colonial issue and that the states ran immigration for about
16
the first 100 years of our nation before the feds started assuming more
17
and more authority over immigration. And, so this recognizes and speaks
18
to the state’s rights issue regarding immigration. Thank you Madam
19
Speaker.
20
Page 1 of 11
[Intentionally left blank]
State of Utah – 2011 General Legislative Session
House Floor Debate HB 469 (Day 38)
Hearing Date: March 3, 2010
1
Madam Speaker:
Discussion to the bill. Representative Ivory
2
Rep. Ivory (R):
Thank you. They keep throwing pictures right where I like to hit ‘em. In
3
this bill, I rise in support of this bill. In Article 1, Sec. 8 Clause 4 of the
4
Constitution, it uh…the people delegated to the federal government to
5
establish a uniformed rule of naturalization. And for 100 years that was
6
interpreted only as citizenship. The states themselves controlled
7
immigration into their states. And, it wasn’t until 1875 that the Supreme
8
Court assumed the power over immigration to the federal government.
9
Having assumed power over immigration, how well has the federal
10
government exercised the power that it’s usurped? We see a border
11
that‘s completely porous. In fact, southern states have a war zone on
12
their borders. We see that the federal government in assuming powers
13
never delegated to it has done, largely what the federal government is
14
good at, and that is destroying things.
15
In fact, when the states have tried to perfect their people and maintain
16
public safety and public order, the federal government sued the states
17
and took the states to the Human Rights Commission. Having usurped
18
power never delegated to it, it would then act to [unintelligible] in public
19
order.
20
[Intentionally left blank]
Page 2 of 11
State of Utah – 2011 General Legislative Session
House Floor Debate HB 469 (Day 38)
Hearing Date: March 3, 2010
1
I applaud the sponsor of this in reclaiming rights that were never
2
delegated to the federal government and creating a bill that does allow
3
the states, in a manner of self determination to protect public safety, to
4
protect public order and to do so in a way that as was stated that allows
5
the best and brightest to come and add to our economy. I think this is a
6
very critical opportunity to call the question out in a clear manner. If the
7
fed government intends to assume this power, let it do it in a manner
8
provided in the Constitution under Art. 5 and propose an amendment
9
and clearly exercise and undertake to effectively exercise its power that’s
10
assumed. Having not done so, I applaud the sponsor in reclaiming a right
11
that was never delegated and exercising the power over immigration in
12
the state of Utah under a process that was set out very well and I
13
encourage support of this bill.
14
Madame Speaker:
Rep. Wilcox.
15
Rep. Wilcox (R):
Thank you Madame Speaker Pro Tem. Representatives, I call your
16
attention the resolution we passed here last week, last Thursday morning
17
as it relates to this issue. Both in relation to specifically the federal
18
government’s ignorance of their responsibility in addressing the issue
19
since their assumed control. I can’t help but think as I had gone through
20
this immigration debate in my mind and thought about what the best
Page 3 of 11
State of Utah – 2011 General Legislative Session
House Floor Debate HB 469 (Day 38)
Hearing Date: March 3, 2010
1
creative solutions might be. One of the most impactful speeches upon
2
my childhood that I had heard on the subject. Mind you it was President
3
Regan’s farewell speech. The last little bit of it. I’ll quote as I don’t get it
4
wrong here, but he used to speak fondly of the shining city on the hill and
5
of how America was that City. I’ll just read exactly what he said here. He
6
said, “I’ve spoken of the shining city all my political life, but I don’t know if I
7
ever quite communicated what I saw when I said it. But in my mind it was a tall,
8
proud city built on rocks stronger than oceans, windswept, God‐blessed, and
9
teeming with people of all kinds living in harmony and peace; a city with free
10
ports that hummed with commerce and creativity. And if there had to be city
11
walls, the walls had doors and the doors were open to anyone with the will to
12
get here.” It’s broken for a couple of reasons. One, we haven’t been
13
minding our walls and the doors have not been opened as they should
14
have been. It’s time for us to come up with some of our own creative
15
solutions to this problem and I applaud this sponsor and appreciate its
16
original concept as we move forward. This is the ultimate 10th
17
Amendment solution to illegal immigration in our state. Thank you.
18
Madame Speaker:
Thank you. Rep. Wimmer.
19
Rep Wimmer (R):
Thank you Madame Speaker. Would the sponsor yield to a question?
20
Rep (Sponsor):
Yes.
Page 4 of 11
State of Utah – 2011 General Legislative Session
House Floor Debate HB 469 (Day 38)
Hearing Date: March 3, 2010
1
Rep Wimmer (R):
I am wondering, Representative, what is to happen to those who are here
2
illegally now. Would they qualify for this? I am looking specifically at
3
lines 124‐125 C and the definition of foreign nationals seems a little bit
4
unclear and I am just wondering who qualifies under this bill as you
5
understand it?
6
Rep (Sponsor):
Are you looking at the amendment – amendment no 1? Or just the
7
original Bill? If you look at Amendment no. 1 this deals with those that
8
are outside of the country or illegally in the country.
9
10
Rep Wimmer (R):
I am looking at the amendment.
Rep (Sponsor):
So, that’s what the language is that deals with the folks those who are
11
illegally here already want to come here. It does not deal with those who
12
are already illegally here in the country.
13
Rep Wimmer (R):
Ok, it says here ‘foreign national does not include an individual who is in
14
the US but who is not lawfully present.” So, they would not qualify for
15
sponsorship. The people that are here illegally?
16
Rep (Sponsor):
That would be correct. Under this program.
17
Rep King (D):
Would the sponsor yield to a question?
18
Rep (Sponsor):
Yes
19
Rep King (D):
Thank you. We have standards from the Office of Legislative Research
and General Counsel regarding constitutional notes. When does our
20
Page 5 of 11
State of Utah – 2011 General Legislative Session
House Floor Debate HB 469 (Day 38)
Hearing Date: March 3, 2010
1
Legislative Research in General Counsel place a constitutional note on a
2
bill?
3
Rep (Sponsor):
I believe you already know that representative, as stated on the note.
4
Rep King (D):
I know. I am asking you.
5
Rep (Sponsor):
I’ll draw your attention to the notes.
6
Rep King (D):
Under……What are the standards for when a constitutional note is placed
on any bill?
7
8
Rep (Sponsor):
I would suggest that a note is placed there when the, uh, tradition of the
9
courts are built up in such a way whether correct or incorrect that they
10
question, uh, how successful you will be in court. But, we also recognize
11
that on many of these issues we need to continue to push and push and
12
push because I would contend that the federal government has
13
overreached. I cannot find, this is a good representation of what Rep.
14
Jordan has mentioned, “Immigration” within the constitution. And, as I
15
study the history of immigration law in this country, states were running
16
it, states were in charge of it, states managed it. It was in the 1875 to
17
1890 period that that started shifting. That the Supreme Court stated
18
handing more power to Congress over immigration. And, I would suggest
19
that we can see the success, and I say it sarcastically, more likely than a
Page 6 of 11
State of Utah – 2011 General Legislative Session
House Floor Debate HB 469 (Day 38)
Hearing Date: March 3, 2010
1
failure of that policy as we look at the problems that we face in regards
2
to a broken immigration process.
3
For better or worse, I think our comments regarding immigration should
4
be that we as Utahans open our arms to those that want to come here
5
that come through the legal process to be part of our community. And if
6
that means that we need to push back against the federal government
7
and the tradition that built up in the courts, I would suggest that we push
8
back. I look back at the court’s rulings in regards to slavery and I would
9
suggest that many of those were wrong and had to be changed over time
10
to be correct. I would suggest that there is a lot of wrongness, if that is a
11
word, with what the Supreme Court has said in regards to immigration. I
12
believe that states who deal with the frontline benefits and issues,
13
challenges regarding immigration stand in the best position to deal with
14
it. Whether it deals with family law. Whether it deals with employment
15
law. Whether it deals with assimilation and so forth. I think states are
16
situated in a much better position. And, I recognize that this bill swings
17
upstream from the tradition in the past but I think that we need to send
18
that message. Thank you.
19
Rep King (D):
If I were in court, I would move to strike your answer as nonresponsive
and I am quite confident that the judge would grant the motion. Let me
20
Page 7 of 11
State of Utah – 2011 General Legislative Session
House Floor Debate HB 469 (Day 38)
Hearing Date: March 3, 2010
1
answer my question. Simple, a constitutional note is placed on a bill
2
when our Legislative Research and General Counsel determine that it’s
3
highly likely to be held unconstitutional. We refer to it in shorthand as,
4
the “high bar standard”. Madame Speaker Pro Tem, this bill carries such
5
a constitutional note. And, I think it is disrespectful to the pledge that we
6
have made as representatives to uphold the principles of the constitution
7
when we disregard the high bar that has been put in place for placement
8
of the constitutional note by our leg research and General Counsel and
9
we just run a bill anyway and vote it, vote for it. So, I voted against, uh,
10
two, as I recall, bills that have been placed before us before this time
11
dealing with immigration largely because they both carried constitutional
12
notes. I am voting against this bill for the same reason. I’d also add a
13
good reason to vote against it, Madame Speaker Pro Tem, if you take a
14
look at it, is the existence of a significant fiscal note at a time when we
15
really don’t have the funds to fund this bill. So, I’d ask the members of
16
this body to vote this bill down.
17
Madame Speaker:
18
Rep. Sumsion (R): Will the sponsor yield to a question?
19
Rep. (Sponsor):
Yes
20
[Intentionally left blank]
Page 8 of 11
Thank you Representative King. Representative Sumsion?
State of Utah – 2011 General Legislative Session
House Floor Debate HB 469 (Day 38)
Hearing Date: March 3, 2010
1
Rep. Sumsion (R): Ok. I am trying to understand how this kind of works. If I may give a
2
scenario and help me understand. So, if someone lives outside the
3
United States, they would have to have a, some type of visa from the
4
United States government to enter inside the United States and at that
5
point, that person could find, participate, have a sponsor from the state
6
of Utah that would bring them into this program. Is that kind of the
7
steps?
8
Rep (Sponsor):
9
Rep. Sumsion (R): So, if someone has, receives a federal visa. A permanent resident visa, I
10
am not sure what the title is or what they are called but that they can live
11
in the United States for a fairly long period of time, would they be able
12
to, does this legislation require that for them to reside in Utah that they
13
would have to have a sponsor and be participating in this program?
14
Rep (Sponsor):
That would be one step. Correct. That would be one approach.
No, that would not. Perhaps, I might give you an example. Let’s propose
15
we had a ….. let me use an example. Let me, uh, choose the good
16
representative here from Orem? Let’s suppose that the good
17
representative wanted to sponsor a student to come study at a local
18
university. And that student had a student visa that was expiring and
19
they wanted to stay and continue on living and being part of our
Page 9 of 11
State of Utah – 2011 General Legislative Session
House Floor Debate HB 469 (Day 38)
Hearing Date: March 3, 2010
1
community. This would allow him to sponsor that student to continue to
2
live, work, study and so forth.
3
Rep. Sumsion (R): OK. Even. And so, even if that visa was to expire, and, under the
umbrella of the United States government, they would be illegally here?
4
5
Rep. (Sponsor):
According to the federal government, they would have overstayed their
6
visa. But, what we would say is if they had applied and been granted
7
sponsorship status then they would continue to live and reside in Utah
8
under this program. I move previous question.
9
Madame Speaker:
Dougall, for summation on the bill.
10
11
Previous question has been called. Motion passes. Representative
Rep. Dougall (R):
As I mentioned before, one of the key things that we are missing on the
12
debate is the discussion about legal immigrants. Those that are on the
13
outside, that really want to come here, that want to be part of the
14
American dream, they want to have a better life. I suggest that we
15
should open our doors and we should welcome them. If the
16
Representative from Provo, for example, wanted to sponsor his mother‐
17
in‐law here, why should we be concerned? He should have every right to
18
do that. As I mentioned, the Representative from Orem wanted to
19
sponsor a student here. What is our concern? Why wouldn’t we open
20
our arms and welcome that immigrant to our country. I think we all
Page 10 of 11
State of Utah – 2011 General Legislative Session
House Floor Debate HB 469 (Day 38)
Hearing Date: March 3, 2010
1
understand our ancestry and our history. And for all intensive purposes,
2
we’re immigrants of descendants of immigrants and that is what has
3
made our country great. Those that are willing to take the risk to build a
4
better life. Those that are willing to leave what is tradition for them to
5
build something anew. To build something that they believe is better.
6
I, too swore an oath to uphold the constitution. And, what that means is
7
despite what I believe may be errors from the court we need to do what
8
the plain and simple language of what the Constitution dictates. And, I
9
would suggest that we need to send a message to Congress that
10
immigration reform consists of also allowing us to welcome immigrants
11
to our state in a straightforward, predictable and legal manner. Thank
12
you, Madame Speaker Pro Tem.
13
Madame Speaker:
Page 11 of 11
Voting now open on HB 469:
State of Utah – 2011 General Legislative Session
House Floor Debate HB 469 (Day 38)
Hearing Date: March 3, 2010
1
Rep. Dougall (R):
We’ve had a lot of discussion about immigration this session. But one
2
part of that discussion debate I thought was missing. From my
3
perspective, the most appropriate way to address illegal immigration
4
would be to expand legal immigration. I come from the perspective
5
where we should [be] welcoming the best, the brightest, the most
6
hardest working, the most entrepreneurial. All those who want to live
7
and provide for themselves and live the American dream. And that’s
8
what this bill does. It starts to push down that path to push back against
9
to fence to say, “wait a second, Utahans are welcoming people” and I
10
believe Utahans would open their arms to immigrants that want to come
11
and live in Utah. And, so this bill creates a sponsorship program whereby
12
Utahans can sponsor immigrants, legal immigrants that want to come to
13
this state and to be part of our communities and that’s what this bill
14
does. This bill also recognizes that historically immigration in colonial
15
times was a colonial issue and that the states ran immigration for about
16
the first 100 years of our nation before the feds started assuming more
17
and more authority over immigration. And, so this recognizes and speaks
18
to the state’s rights issue regarding immigration. Thank you Madam
19
Speaker.
20
Page 1 of 11
[Intentionally left blank]
State of Utah – 2011 General Legislative Session
House Floor Debate HB 469 (Day 38)
Hearing Date: March 3, 2010
1
Madam Speaker:
Discussion to the bill. Representative Ivory
2
Rep. Ivory (R):
Thank you. They keep throwing pictures right where I like to hit ‘em. In
3
this bill, I rise in support of this bill. In Article 1, Sec. 8 Clause 4 of the
4
Constitution, it uh…the people delegated to the federal government to
5
establish a uniformed rule of naturalization. And for 100 years that was
6
interpreted only as citizenship. The states themselves controlled
7
immigration into their states. And, it wasn’t until 1875 that the Supreme
8
Court assumed the power over immigration to the federal government.
9
Having assumed power over immigration, how well has the federal
10
government exercised the power that it’s usurped? We see a border
11
that‘s completely porous. In fact, southern states have a war zone on
12
their borders. We see that the federal government in assuming powers
13
never delegated to it has done, largely what the federal government is
14
good at, and that is destroying things.
15
In fact, when the states have tried to perfect their people and maintain
16
public safety and public order, the federal government sued the states
17
and took the states to the Human Rights Commission. Having usurped
18
power never delegated to it, it would then act to [unintelligible] in public
19
order.
20
[Intentionally left blank]
Page 2 of 11
State of Utah – 2011 General Legislative Session
House Floor Debate HB 469 (Day 38)
Hearing Date: March 3, 2010
1
I applaud the sponsor of this in reclaiming rights that were never
2
delegated to the federal government and creating a bill that does allow
3
the states, in a manner of self determination to protect public safety, to
4
protect public order and to do so in a way that as was stated that allows
5
the best and brightest to come and add to our economy. I think this is a
6
very critical opportunity to call the question out in a clear manner. If the
7
fed government intends to assume this power, let it do it in a manner
8
provided in the Constitution under Art. 5 and propose an amendment
9
and clearly exercise and undertake to effectively exercise its power that’s
10
assumed. Having not done so, I applaud the sponsor in reclaiming a right
11
that was never delegated and exercising the power over immigration in
12
the state of Utah under a process that was set out very well and I
13
encourage support of this bill.
14
Madame Speaker:
Rep. Wilcox.
15
Rep. Wilcox (R):
Thank you Madame Speaker Pro Tem. Representatives, I call your
16
attention the resolution we passed here last week, last Thursday morning
17
as it relates to this issue. Both in relation to specifically the federal
18
government’s ignorance of their responsibility in addressing the issue
19
since their assumed control. I can’t help but think as I had gone through
20
this immigration debate in my mind and thought about what the best
Page 3 of 11
State of Utah – 2011 General Legislative Session
House Floor Debate HB 469 (Day 38)
Hearing Date: March 3, 2010
1
creative solutions might be. One of the most impactful speeches upon
2
my childhood that I had heard on the subject. Mind you it was President
3
Regan’s farewell speech. The last little bit of it. I’ll quote as I don’t get it
4
wrong here, but he used to speak fondly of the shining city on the hill and
5
of how America was that City. I’ll just read exactly what he said here. He
6
said, “I’ve spoken of the shining city all my political life, but I don’t know if I
7
ever quite communicated what I saw when I said it. But in my mind it was a tall,
8
proud city built on rocks stronger than oceans, windswept, God‐blessed, and
9
teeming with people of all kinds living in harmony and peace; a city with free
10
ports that hummed with commerce and creativity. And if there had to be city
11
walls, the walls had doors and the doors were open to anyone with the will to
12
get here.” It’s broken for a couple of reasons. One, we haven’t been
13
minding our walls and the doors have not been opened as they should
14
have been. It’s time for us to come up with some of our own creative
15
solutions to this problem and I applaud this sponsor and appreciate its
16
original concept as we move forward. This is the ultimate 10th
17
Amendment solution to illegal immigration in our state. Thank you.
18
Madame Speaker:
Thank you. Rep. Wimmer.
19
Rep Wimmer (R):
Thank you Madame Speaker. Would the sponsor yield to a question?
20
Rep (Sponsor):
Yes.
Page 4 of 11
State of Utah – 2011 General Legislative Session
House Floor Debate HB 469 (Day 38)
Hearing Date: March 3, 2010
1
Rep Wimmer (R):
I am wondering, Representative, what is to happen to those who are here
2
illegally now. Would they qualify for this? I am looking specifically at
3
lines 124‐125 C and the definition of foreign nationals seems a little bit
4
unclear and I am just wondering who qualifies under this bill as you
5
understand it?
6
Rep (Sponsor):
Are you looking at the amendment – amendment no 1? Or just the
7
original Bill? If you look at Amendment no. 1 this deals with those that
8
are outside of the country or illegally in the country.
9
10
Rep Wimmer (R):
I am looking at the amendment.
Rep (Sponsor):
So, that’s what the language is that deals with the folks those who are
11
illegally here already want to come here. It does not deal with those who
12
are already illegally here in the country.
13
Rep Wimmer (R):
Ok, it says here ‘foreign national does not include an individual who is in
14
the US but who is not lawfully present.” So, they would not qualify for
15
sponsorship. The people that are here illegally?
16
Rep (Sponsor):
That would be correct. Under this program.
17
Rep King (D):
Would the sponsor yield to a question?
18
Rep (Sponsor):
Yes
19
Rep King (D):
Thank you. We have standards from the Office of Legislative Research
and General Counsel regarding constitutional notes. When does our
20
Page 5 of 11
State of Utah – 2011 General Legislative Session
House Floor Debate HB 469 (Day 38)
Hearing Date: March 3, 2010
1
Legislative Research in General Counsel place a constitutional note on a
2
bill?
3
Rep (Sponsor):
I believe you already know that representative, as stated on the note.
4
Rep King (D):
I know. I am asking you.
5
Rep (Sponsor):
I’ll draw your attention to the notes.
6
Rep King (D):
Under……What are the standards for when a constitutional note is placed
on any bill?
7
8
Rep (Sponsor):
I would suggest that a note is placed there when the, uh, tradition of the
9
courts are built up in such a way whether correct or incorrect that they
10
question, uh, how successful you will be in court. But, we also recognize
11
that on many of these issues we need to continue to push and push and
12
push because I would contend that the federal government has
13
overreached. I cannot find, this is a good representation of what Rep.
14
Jordan has mentioned, “Immigration” within the constitution. And, as I
15
study the history of immigration law in this country, states were running
16
it, states were in charge of it, states managed it. It was in the 1875 to
17
1890 period that that started shifting. That the Supreme Court stated
18
handing more power to Congress over immigration. And, I would suggest
19
that we can see the success, and I say it sarcastically, more likely than a
Page 6 of 11
State of Utah – 2011 General Legislative Session
House Floor Debate HB 469 (Day 38)
Hearing Date: March 3, 2010
1
failure of that policy as we look at the problems that we face in regards
2
to a broken immigration process.
3
For better or worse, I think our comments regarding immigration should
4
be that we as Utahans open our arms to those that want to come here
5
that come through the legal process to be part of our community. And if
6
that means that we need to push back against the federal government
7
and the tradition that built up in the courts, I would suggest that we push
8
back. I look back at the court’s rulings in regards to slavery and I would
9
suggest that many of those were wrong and had to be changed over time
10
to be correct. I would suggest that there is a lot of wrongness, if that is a
11
word, with what the Supreme Court has said in regards to immigration. I
12
believe that states who deal with the frontline benefits and issues,
13
challenges regarding immigration stand in the best position to deal with
14
it. Whether it deals with family law. Whether it deals with employment
15
law. Whether it deals with assimilation and so forth. I think states are
16
situated in a much better position. And, I recognize that this bill swings
17
upstream from the tradition in the past but I think that we need to send
18
that message. Thank you.
19
Rep King (D):
If I were in court, I would move to strike your answer as nonresponsive
and I am quite confident that the judge would grant the motion. Let me
20
Page 7 of 11
State of Utah – 2011 General Legislative Session
House Floor Debate HB 469 (Day 38)
Hearing Date: March 3, 2010
1
answer my question. Simple, a constitutional note is placed on a bill
2
when our Legislative Research and General Counsel determine that it’s
3
highly likely to be held unconstitutional. We refer to it in shorthand as,
4
the “high bar standard”. Madame Speaker Pro Tem, this bill carries such
5
a constitutional note. And, I think it is disrespectful to the pledge that we
6
have made as representatives to uphold the principles of the constitution
7
when we disregard the high bar that has been put in place for placement
8
of the constitutional note by our leg research and General Counsel and
9
we just run a bill anyway and vote it, vote for it. So, I voted against, uh,
10
two, as I recall, bills that have been placed before us before this time
11
dealing with immigration largely because they both carried constitutional
12
notes. I am voting against this bill for the same reason. I’d also add a
13
good reason to vote against it, Madame Speaker Pro Tem, if you take a
14
look at it, is the existence of a significant fiscal note at a time when we
15
really don’t have the funds to fund this bill. So, I’d ask the members of
16
this body to vote this bill down.
17
Madame Speaker:
18
Rep. Sumsion (R): Will the sponsor yield to a question?
19
Rep. (Sponsor):
Yes
20
[Intentionally left blank]
Page 8 of 11
Thank you Representative King. Representative Sumsion?
State of Utah – 2011 General Legislative Session
House Floor Debate HB 469 (Day 38)
Hearing Date: March 3, 2010
1
Rep. Sumsion (R): Ok. I am trying to understand how this kind of works. If I may give a
2
scenario and help me understand. So, if someone lives outside the
3
United States, they would have to have a, some type of visa from the
4
United States government to enter inside the United States and at that
5
point, that person could find, participate, have a sponsor from the state
6
of Utah that would bring them into this program. Is that kind of the
7
steps?
8
Rep (Sponsor):
9
Rep. Sumsion (R): So, if someone has, receives a federal visa. A permanent resident visa, I
10
am not sure what the title is or what they are called but that they can live
11
in the United States for a fairly long period of time, would they be able
12
to, does this legislation require that for them to reside in Utah that they
13
would have to have a sponsor and be participating in this program?
14
Rep (Sponsor):
That would be one step. Correct. That would be one approach.
No, that would not. Perhaps, I might give you an example. Let’s propose
15
we had a ….. let me use an example. Let me, uh, choose the good
16
representative here from Orem? Let’s suppose that the good
17
representative wanted to sponsor a student to come study at a local
18
university. And that student had a student visa that was expiring and
19
they wanted to stay and continue on living and being part of our
Page 9 of 11
State of Utah – 2011 General Legislative Session
House Floor Debate HB 469 (Day 38)
Hearing Date: March 3, 2010
1
community. This would allow him to sponsor that student to continue to
2
live, work, study and so forth.
3
Rep. Sumsion (R): OK. Even. And so, even if that visa was to expire, and, under the
umbrella of the United States government, they would be illegally here?
4
5
Rep. (Sponsor):
According to the federal government, they would have overstayed their
6
visa. But, what we would say is if they had applied and been granted
7
sponsorship status then they would continue to live and reside in Utah
8
under this program. I move previous question.
9
Madame Speaker:
Dougall, for summation on the bill.
10
11
Previous question has been called. Motion passes. Representative
Rep. Dougall (R):
As I mentioned before, one of the key things that we are missing on the
12
debate is the discussion about legal immigrants. Those that are on the
13
outside, that really want to come here, that want to be part of the
14
American dream, they want to have a better life. I suggest that we
15
should open our doors and we should welcome them. If the
16
Representative from Provo, for example, wanted to sponsor his mother‐
17
in‐law here, why should we be concerned? He should have every right to
18
do that. As I mentioned, the Representative from Orem wanted to
19
sponsor a student here. What is our concern? Why wouldn’t we open
20
our arms and welcome that immigrant to our country. I think we all
Page 10 of 11
State of Utah – 2011 General Legislative Session
House Floor Debate HB 469 (Day 38)
Hearing Date: March 3, 2010
1
understand our ancestry and our history. And for all intensive purposes,
2
we’re immigrants of descendants of immigrants and that is what has
3
made our country great. Those that are willing to take the risk to build a
4
better life. Those that are willing to leave what is tradition for them to
5
build something anew. To build something that they believe is better.
6
I, too swore an oath to uphold the constitution. And, what that means is
7
despite what I believe may be errors from the court we need to do what
8
the plain and simple language of what the Constitution dictates. And, I
9
would suggest that we need to send a message to Congress that
10
immigration reform consists of also allowing us to welcome immigrants
11
to our state in a straightforward, predictable and legal manner. Thank
12
you, Madame Speaker Pro Tem.
13
Madame Speaker:
Page 11 of 11
Voting now open on HB 469:
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?