ACLU, others sue to block Utah immigration law
Several local and national civil rights groups filed a lawsuit against Utah's enforcement-only immigration law Tuesday — just days before it is scheduled to go into effect — calling it "unconstitutional" and an open pathway to racial profiling.
The American Civil Liberties Union and the National Immigration Law Center were joined by Archie Archuletta, a member of the Utah Coalition of La Raza, in filing the suit in federal district court against Gov. Gary Herbert and Attorney General Mark Shurtleff.
The plaintiffs are asking the court to declare the law unconstitutional and strike the law from being enacted.
Archuletta said HB497 had created a climate of dread in the Latino community.
"You could not script a better fear-producing scenario than this," he said. "And because of this … people have expressed these fears — what will happen to us? And the past pictures paint some pretty ugly pictures."
The bill, sponsored by Rep. Stephen Sandstrom, R-Orem, police may check legal status of those stopped in the commission of a Class B or C misdemeanor — a change the lawmaker made from its original language that required police to check legal status on those crimes.
It also requires police to check identification when they stop someone — though Sandstrom made a change to the law that allowed for a person who didn't have identification on their person to verbally tell the officer their personal information for future verification.
But those filing the lawsuit said HB497 puts all Utah residents in a position of carrying papers on them at all times, according to Cecilia Wang, managing attorney with the ACLU Immigrants' Rights Project
"As Americans, we cherish our freedom to go about our business without having to show our papers," Wang said.
The law is scheduled to into effect May 10.
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