Utah’s Immigration Law Challenged by Eric Holder

WASHINGTON – In a move to protect the rights of foreign visitors and legal immigrants, US Attorney General Eric Holder has challenged Utah’s immigration law, which was enacted on March 15, 2011.

The law, known as H.B. 497, creates and mandates immigration enforcement measures that interfere with the federal government’s priorities and practices in enforcing immigration laws. The law’s provisions, which include requirements for law enforcement to verify the immigration status of individuals, 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.

‘A patchwork of immigration laws is not the answer and will only create further problems in our immigration system,’ said Attorney General Eric Holder. ‘The federal government is the chief enforcer of immigration laws and while we appreciate cooperation from states, which remains important, it is clearly unconstitutional for a state to set its own immigration policy.’

Holder’s challenge to Utah’s immigration law comes after recent lawsuits in Arizona, Alabama and South Carolina. The federal government has the ultimate authority to enforce federal immigration laws and the Constitution does not permit a patchwork of local immigration policies.

The federal government has notified Utah state officials of its position that the state’s Immigrant Guest Worker statutes, H.B. 116 and H.B. 469, are clearly preempted by federal law. However, given that the provisions do not take effect until 2013, the federal government is not challenging these provisions at this time.

The suit was filed on behalf of the Departments of Justice, Homeland Security and State, which share responsibilities in administering federal immigration law. The federal government will soon request a preliminary injunction to enjoin enforcement of certain provisions of H.B. 497.

‘This kind of legislation diverts critical law enforcement resources from the most serious threats to public safety and undermines the vital trust between local jurisdictions and the communities they serve,’ said Department of Homeland Security Secretary Janet Napolitano.

The federal government will continue to enforce federal immigration laws in Utah in smart, effective ways that focus resources on criminal aliens, recent border crossers, repeat and egregious immigration law violators and employers who knowingly hire illegal labor.

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