The American Immigration Council Happy With Department of Justice’s Response to Utah’s Anti-Immigrant Policy

For Immediate Release

November 23, 2001

This week, the Department of Justice (DOJ) filed a lawsuit against the state of Utah to block HB 497, which dictates that local police enforce immigration laws. This is similar to other states’ immigration policies passed over the last year that have also been stymied. Several provisions of the law have previously been enjoined as a result of efforts by immigrant rights groups. The DOJ claims that HB 497 violates the Constitution. As such, the suit is similar in many regards to the previously filed suits in Alabama, Arizona and South Carolina. Utah’s HB 497 is similar to Arizona’s SB1070, except that Utah state legislators tried to couple the enforcement bill with a state-level guest-worker program. As of today, the guest-worker program is not being challenged by DOJ, largely because it does not go into effect until 2013.

By challenging Utah’s anti-immigration law, the DOJ continues to exercise its role in preserving the federal government’s exclusive authority to regulate immigration. The DOJ also has a responsibility to defend against laws that will result in profiling, discrimination and the violation of fundamental constitutional rights.  As noted by the Secretary of the Department of Homeland Security (DHS), these types of state immigration laws will both divert already scarce resources from the priorities the agency has set for itself (national security and public safety) and overload the federal government with referrals.

The DOJ press release states that “the law’s mandates on law enforcement could lead to harassment and detention of foreign visitors and legal immigrants who are in the process of having their immigration status reviewed in federal proceedings and whom the federal government has permitted to stay in this country while such proceedings are pending.” The true reality of the impact of anti-immigration laws not in line with the Constitutional protections that exist came to light this week when a German Mercedes Benz executive was arrested under the Alabama anti-immigration law while he was in town visiting the automaker’s facilities.

“States contemplating copycat laws of their own should carefully study the disastrous consequences unfolding in other states,” said Benjamin Johnson, Executive Director of the American Immigration Council. “While these laws allegedly target undocumented immigrants, the impact on business, families and communities proves that the laws are, in fact, a burden and a threat to the well-being of all residents in these states. Congress must act on a federal solution or risk further challenges to their authority over immigration.”

We are sure to see more laws similar to those passed in Arizona and Alabama, but it appears that the Department of Justice will be acting much more quickly to keep those laws from becoming effective.