There wasn’t much enthusiasm Thursday for a new resolution in the Utah Legislature on illegal immigration that started as an attempt to amend the state Constitution to bar children who are not U.S. citizens or legal residents from attending public school.
HJR12, sponsored by Rep. Trevor Lee, R-Layton, has been substituted to say that the Utah Legislature “condemns the federal government for not responding appropriately to the crisis of illegal immigration” and asks that states be able to step up.
Titled a “Joint resolution on the illegal immigration crisis,” the legislation hasn’t been assigned yet to a House committee for a hearing.
In the Senate, both Republican and Democratic leaders said the state has already done what it can when it comes to dealing with illegal immigration, by passing what was known as the “Utah Compact” in 2011 that established a guest-worker program.
The program, which received widespread attention as an example of the “Utah way” of dealing with controversial issues, hasn’t received the necessary federal waivers. In 2016, the start date for the program was moved to 2027.
“The state Legislature has been very clear, understanding our jurisdiction,” Senate Minority Leader Luz Escamilla, D-Salt Lake City, said in response to a question about Lee’s resolution during the Senate’s daily media availability.
The waivers would allow the creation of “a mechanism for people and families to stay together. We value families in this state,” she said, adding, “we recognized we have very limited access to it because it’s a federal issue. We wanted to do it our way.”
Escamilla said she doesn’t “see the need” for the resolution.
“I don’t think anyone can deny the issues happening at the border states,” the minority leader said, adding that her concern with the resolution is the focus on children and the education they receive.
The resolution states, “illegal alien households in Utah add approximately 54,100 students to the public education system,” and estimated “137,000 illegal aliens live in Utah, including roughly 48,000 children,” and suggests this costs Utah households more than $900 annually.
“I’m not sure that’s being productive or proactive, especially when Utah has been very careful in delineating what our values are when it comes to humans, families, workforce,” she said, even though there’s agreement the federal government has failed.
“We are frustrated by the lack of action,” Escamilla said. “But it is in federal hands.”
Senate President Stuart Adams, R-Layton, told reporters he believes immigration is an issue for Congress, not the Utah Legislature. But he stopped short of opposing the resolution outright, saying its merits would be reviewed if it comes to the Senate.
“It’s one of the few things that are in the hands, very clearly in the Constitution, of Congress. It’s something they have responsibility for,” Adams said, offering his own “very simple” suggestions for federal lawmakers.
They ought to “open up the door, and let people in (who are) wanting to come in legally and make sure you keep track of them,” the Senate leader said. “You’d have less pressure to come in illegally.”
With a declining birthrate, Adams said, “we need immigration. But we need it to happen the right way,” by closing illegal immigration and making legal immigration “a little easier (and) more transparent. But I’m not in Congress.”
Lee’s resolution, which would not have to be signed by the governor, also calls on Congress to pass the Secure the Border Act that seeks the completion of a border wall with Mexico and other measures aimed at deterring illegal immigration.
The federal act stalled in the U.S. Senate after passing in the House last year and, along with funding for Ukraine and Israel, is tied to the ongoing negotiations to prevent a federal government shutdown. President Joe Biden has said he would veto the act.
Asked about how his resolution fits with the Utah Compact legislation, Lee said in a statement, “We all know our immigration system is fundamentally broken. The federal government has failed to act and states are paying the price — including Utah.”
He said the resulting “crisis has placed burdens on our sheriffs, schools, workforce and taxpayers. HJR12 urges the federal government to solve the problem of illegal immigration or allow the state to act.”
But, he said, “Utah will continue to welcome legal immigrants to our state.”