Considering that emotions are running especially high in the immigration debate following Arizona's passage of a tough and possibly unconstitutional law, Gov. Gary Herbert did the right thing in canceling a special session of the Utah Legislature.
The session would have had one agenda item: to make voluntary Senate Bill 251, which now requires businesses to use the federal E-Verify system to determine citizenship status of new hires. The governor, who had misgivings about the bill, and its sponsor, Sen. Chris Buttars, R-West Jordan, made a deal. Herbert said he would sign the bill into law but would then call a special session to clarify that using E-Verify would be voluntary. Buttars admitted the bill was flawed and promised to introduce fixes during the special session.
As the law is written, businesses are forbidden from hiring employees whose citizenship status has not been determined using the verification system. But there are no penalties attached.
Part of the problem with SB251 is the reliability of E-Verify, which fails to identify illegal status about 54 percent of the time, according to a recent study. It's understandable for business owners to question why they should have to use a system that only works about half the time. In addition, E-Verify does not account for seasonal agricultural workers who are in the country legally,
Herbert's office said the governor wants a vigorous debate about any new Utah laws concerning illegal immigrants, and he's doubtful a one-day session would provide that kind of thorough deliberation. We think he's right about that. Some Utah legislators have already said they would strengthen SB251, not sensibly water it down, if they were called back into session.
Rep. Stephen Sandstrom, R-Orem, is one of those legislators. He said he would amend the bill to fine businesses who don't use E-Verify once, and to take their business licenses if they fail to comply again. He also plans to introduce legislation next year modeled after Arizona's law that demands proof of citizenship from anybody law enforcement officers suspect of being in the country illegally.
Reaction to Arizona's law has been starkly divided. On one hand, many people see it as discriminatory and apt to encourage racial profiling by law enforcement. Some California cities are boycotting travel to Arizona and encouraging businesses to follow suit. On the other side, some states like Utah are considering passing similar laws to fill the void left by Congress' abject failure to manage immigration.
In this blistering climate, Herbert kept it cool.
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