Is the Utah Commission on Immigration and Migration (UCIM) required to recommend the repeal of HB116?
HB116 supporters will, of course, say it does not.
But let's examine the law a little more closely to see if the law requires it.
Utah Code 63G-13-202 mandates, among other things, that the UCIM develop an immigration plan for the state and make recommendations for implementing such a plan. From the law:
"(1)(c) develop a comprehensive, coordinated, and sustainable state plan to address:
(i) immigration and the use of migrant workers in the state..."
The law further states:
"(d) make recommendations to the governor and the Legislature as to proposed legislation to implement the state plan described in Subsection (1)(c):"
One of the functions of the commission is, therefore, to make recommendations to facilitate the implementation of a state immigration plan.
The law further specifies, in subsection (i) of (d) that such recommendations be:
"consistent with the respective constitutional powers, rights, and responsibilities of the United States and of the state..."
The recommendations for laws to put into place the state plan, therefore, should be consistent with the Constitution and the laws of the United States and Utah that are constitutional.
If HB116 is to form part of the state immigration plan, then it seems that the law mandates that the commission recommend that its unconstitutional provisions either be brought into line with the Constitution or that it be scrapped altogether.
By extension, any state law which contains unconstitutional elements regarding immigration would need to be altered or abandoned if it is to form part of the state immigration plan.
I am not an attorney, so I may be perhaps interpreting the law in an unwarranted fashion, but I do think it bears considering and paying closer attention to.
With this in mind, the law that governs the commission also includes a provision to advise the governor and legislature regarding proposed immigration legislation. Subsections (e) and (e)(i) read:
"(e) advise the governor and the Legislature on proposed legislation related to immigration:"
(i) for the purpose of encouraging a comprehensive, coordinated, and sustainable state response to issues related to immigration;"
The language of section (c) is so close to the language of section (e)(i) that is seems that the provision to advise the governor and others about proposed immigration laws is meant to imply that the advice should measure proposed immigration laws against the "comprehensive, coordinated, and sustainable state plan" called for in section (c).
HB116 supporters will, of course, say it does not.
But let's examine the law a little more closely to see if the law requires it.
Utah Code 63G-13-202 mandates, among other things, that the UCIM develop an immigration plan for the state and make recommendations for implementing such a plan. From the law:
"(1)(c) develop a comprehensive, coordinated, and sustainable state plan to address:
(i) immigration and the use of migrant workers in the state..."
The law further states:
"(d) make recommendations to the governor and the Legislature as to proposed legislation to implement the state plan described in Subsection (1)(c):"
One of the functions of the commission is, therefore, to make recommendations to facilitate the implementation of a state immigration plan.
The law further specifies, in subsection (i) of (d) that such recommendations be:
"consistent with the respective constitutional powers, rights, and responsibilities of the United States and of the state..."
The recommendations for laws to put into place the state plan, therefore, should be consistent with the Constitution and the laws of the United States and Utah that are constitutional.
If HB116 is to form part of the state immigration plan, then it seems that the law mandates that the commission recommend that its unconstitutional provisions either be brought into line with the Constitution or that it be scrapped altogether.
By extension, any state law which contains unconstitutional elements regarding immigration would need to be altered or abandoned if it is to form part of the state immigration plan.
I am not an attorney, so I may be perhaps interpreting the law in an unwarranted fashion, but I do think it bears considering and paying closer attention to.
With this in mind, the law that governs the commission also includes a provision to advise the governor and legislature regarding proposed immigration legislation. Subsections (e) and (e)(i) read:
"(e) advise the governor and the Legislature on proposed legislation related to immigration:"
(i) for the purpose of encouraging a comprehensive, coordinated, and sustainable state response to issues related to immigration;"
The language of section (c) is so close to the language of section (e)(i) that is seems that the provision to advise the governor and others about proposed immigration laws is meant to imply that the advice should measure proposed immigration laws against the "comprehensive, coordinated, and sustainable state plan" called for in section (c).
Section (c) reads:
"(c) develop a comprehensive, coordinated, and sustainable state plan..."
Section (e)(i) reads:
"(i) for the purpose of encouraging a comprehensive, coordinated, and sustainable state response to issues related to immigration"
When these two phrases are placed back in the context of the law and the logic of this law is examined, it seems that a case can be made that the commission is obligated to recommend that HB116 be either altered to make it constitutional or scrapped.
A portion of Utah Code 63G-13-202 is reproduced below:
63G-13-202. General powers and duties of the commission.
(1) The commission shall: (a) conduct a thorough review of the economic, legal, cultural, and educational impact of illegal immigration on the state and its political subdivisions;
(b) conduct a thorough examination of Utah and federal laws relating to immigration, migration, and guest worker programs;
(c) develop a comprehensive, coordinated, and sustainable state plan to address:
(i) immigration and the use of migrant workers in the state; and
(ii) integration of immigrants;
(d) make recommendations to the governor and the Legislature as to proposed legislation to implement the state plan described in Subsection (1)(c):
(i) consistent with the respective constitutional powers, rights, and responsibilities of the United States and of the state; and
(ii) to protect the health, safety, and welfare of the residents of the state;
(e) advise the governor and the Legislature on proposed legislation related to immigration:
(i) for the purpose of encouraging a comprehensive, coordinated, and sustainable state response to issues related to immigration; and
(ii) upon request of:
(A) the governor;
(B) the president of the Senate;
(C) the speaker of the House of Representatives;
(D) the minority leader of the Senate; or
(E) the minority leader of the House of Representatives; and
(f) comply with Part 3, Migrant Worker Visa Pilot Project.
The entire law can be accessed at:
http://le.utah.gov/~code/
No comments:
Post a Comment