Labor Attorney

New Utah Immigration Law

Written on October 23, 2011 by admin

Filed Under: Journal

Utah has passed an innovative new immigration law that creates a guest worker program, in direct conflict with federal law.

On March 15, 2011 Governor Gary Herbert signed the Immigration Accountability and Enforcement Amendments Act. The ceremony took place at the state capitol in Salt Lake City.

Under the new Utah immigration law, undocumented workers would pay $2.500 for a guest worker permit that allows them to be employed in Utah. Undocumented workers could also apply for a family permit, which would allow all members of the immediate family to work in Utah.

The new law goes into effect on July 1, 2013.Implementation is complex, because currently the guest worker and his employer would still be in violation of federal immigration laws, including the federal Immigration Reform and Control Act or IRCA of 1986. That law imposes penalties on any employer who hires a worker who is not authorized to work under federal law.

If the Utah immigration law were implemented today, any Utah employer who hired a guest worker would be in violation of federal law. The U.S. Supreme Court may be required to rule on this conflict of law.

The federal government could issues one or more waivers, or an exemption, that would allow undocumented workers to hold jobs in Utah, with a guest worker permit. However, it is not clear if such a waiver will be issued.

Enforcement provisions of the Utah immigration law will require employers with 15 or more workers to verify that each person hired has a guest worker permit or is legally authorized to work in the U.S. The law includes penalties for Utah employers who hire undocumented workers, and encourages use of a system like E-Verify.

The law also requires the police to check immigration status when arresting a person for a serious misdemeanor or felony.

On the same day, Governor Herbert also signed a law establishing the Migration to Migrant Worker Visa Pilot Program. That program would sponsor residents of Nuevo Leon, Mexico who wish to live, work and study in Utah.

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