Resolution Defending the Republican Platform Against HB116

Last night I submitted a resolution to the Utah County Republican Party Executive Committee, entitled:

Resolution Supporting the Immigration Planks of the Republican Platform and Opposing the Unconstitutional Provisions of HB 116 (Utah Immigration Accountability and Enforcement Amendments)

(see the full resolution below)

According to the UCRP Constitution, the Executive Committee is to “review and recommend” resolutions to the Central Committee.  Last night our Executive Committee voted to NOT send this resolution to the Central Committee for consideration at tomorrow’s meeting, but instead to postpone its consideration until next month’s Executive Committee meeting, where they plan to have a forum for legislators to address them regarding HB116.  So please watch for more information regarding the progress of this resolution.

In the meantime, please read this resolution carefully for yourself.  A very similar resolution was passed overwhelmingly at the Salt Lake County Central Committee meeting last night.

The resolution is a little long, but its premise is simple: it is about defending the US Constitution, federal law and the Immigration planks of the Utah County, Utah State, and National Republican Party Platforms, all of which are violated in HB116. The goal of this resolution is to encourage the Utah County Republican Party to take a stand in defense of our Platform.

This resolution has 3 sections:

  1. What HB116 does (including line numbers from the bill for your reference);
  2. The portions of the Immigration planks of the Utah County, Utah State, and National Republican platforms violated in HB116, plus Republican elected officials’ responsibility to defend our Platforms;
  3. Action to be taken in defense of the Constitution, federal law, and our Party Platforms.

For your reference, here is a link to HB116’s text and votes.

Some have misread this resolution and believe that it is seeking to denounce our elected officials.  This is not the case.  This resolution specifically and purposefully focuses on denouncing the VOTES cast in favor of HB116, and the governor’s SIGNATURE for HB116.  Our legislators and governor have accomplished many great things for the Party and the public and I specifically did not want to rebuke or censure the individuals, only the VOTES some of them cast for a piece of legislation that egregiously violates law and Platform.

Resolution Supporting the Immigration Planks of the Republican Platform and Opposing the Unconstitutional Provisions of HB 116 (Utah Immigration Accountability and Enforcement Amendments)
March 16, 2011

Whereas, HB 116:

  • Creates a state-administered guest worker program for illegal immigrants in direct opposition to federal law, requesting nonexistent waivers from federal law (HB116 line 648, line 663);
  • Ignores the Office of Legislative Research and General Counsel’s opinion that “there is a high probability that a court would find that portions of this bill as unconstitutional because they are preempted by federal law as applied through the Supremacy Clause of the Constitution of the United States” (Legislative Review Note, 3/4/11);
  • Offers this guest worker permit to illegal immigrants who have ever lived or worked in Utah, or who come to Utah from other states, prior to May 10, 2011 (line 746);
  • Encourages immigrants to illegally enter the United States and settle in Utah prior to the May 10, 2011 cutoff date, at risk to our national security (line 746);
  • Will burden Utah taxpayers with the costs to defend the law in court (Legislative Review Note, 3/4/11);
  • Ignores existing federal guest worker permits, instead granting state permits to unlimited numbers of illegal immigrants and their immediate families in unlimited job sectors, thereby threatening the employment of Utah workers (line 796);
  • Supports driving privilege cards and taxpayer funded in-state tuition for illegal immigrant adults (line 762, line 1288);
  • Would increase illegal immigration and its costs to taxpayers – illegal immigration in Utah currently costs taxpayers an estimated $453M annually, and $55M to $85M annually for K-12 education (Sources: FAIR.org / May 2007 Utah Legislative Audit);
  • Delays effective immigration enforcement provisions until July 2013 (line 672);
  • Violates 8 US Code 1324 while adding the same provisions to Utah law but excluding guest worker permit holders/family permit holders from the definition of ‘alien’, thereby reclassifying them as legal: “(2) It is unlawful for a person to: . . . (c) encourage or induce an alien to come to, enter, or reside in this state, knowing or in reckless disregard of the fact that the aliens coming to, entry, or residence is or will be in violation of law” (line 1555, 1566);

Whereas, HB116 violates the following tenets of the Utah County Republican Party Platform’s Immigration plank:

  • We support measures to ensure that the immigration system is structured to address the needs of national security;
  • We support efforts to enforce the law while welcoming immigrants who enter America through legal avenues;
  • We support the Constitutional mandate for the federal government to protect and secure our national borders;
  • Taxpayers should not be covering state benefits for illegal aliens;

Whereas, HB116 violates the following tenets of the Utah Republican Party Platform’s Immigration plank:

  • We believe that control of our borders is an urgent national security interest and our national sovereignty depends on those secure borders;
  • We oppose illegal immigration and all forms of amnesty, or legal status, for illegal immigrants;
  • We believe that the current laws against employing illegal immigrants should be vigorously enforced;

Whereas, HB116 violates the following tenets of the National Republican Party Platform’s Immigration plank:

  • Border security is essential to national security;
  • Experience shows that enforcement of existing laws is effective in reducing and reversing illegal immigration;
  • Our commitment to the rule of law means smarter enforcement at the workplace, against illegal workers and lawbreaking employers alike;
  • The rule of law means enforcing the law against those who overstay their visas, rather than letting millions flout the generosity that gave them temporary entry;
  • The rule of law means real consequences, including the denial of federal funds, for self-described sanctuary cities, which stand in open defiance of the federal and state statutes that expressly prohibit such sanctuary policies;
  • The rule of law does not mean driver’s licenses for illegal aliens, nor does it mean that states should be allowed to flout the federal law barring them from giving in-state tuition rates to illegal aliens;
  • The rule of law suffers if government policies encourage or reward illegal activity; and

Whereas, The Utah County Republican Party Platform states, “All Republican elected officials, candidates and party officers are expected to endorse these principles and agree to be held accountable to the people and to the party”;

Therefore, be it resolved that the Utah County Republican Party:

  • Publicly denounces Republican Elected Officials’ votes in favor of, and the Governor’s signing into law, HB116; and
  • Calls on all Utah County Republican Elected Officials to immediately and diligently work to bring HB116 into conformity with the United States Constitution and federal law, and with the County, State, and National Republican Platforms as listed above, or to repeal the law entirely;

Be it further resolved that:

  • Absent legislative efforts to correct or repeal HB116, the Utah County Republican Party fully supports a citizen’s ballot referendum to repeal HB116.


The Utah County Republican Party Chair will deliver a copy of this Resolution to all Utah County Legislators, Governor Herbert and Lieutenant Governor Bell.

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5 Responses to Resolution Defending the Republican Platform Against HB116

  1. Kitty Durfey says:

    I live in Bluffdale Ut. Salt Lake County. I would like to know if you could give me any information who I could contact in S.L. county to help repeal this outrageous bill. Any information you could give me would be most helpful.
    Thank you for your time,
    Kitty Durfey

  2. Rick says:

    Where can I go To sign a petition to repeal HB116. And let me know what we can do in Iron County. It is time we remove Gov. Herbert and senator Hatch and all that support illegal immigration into our country and our state !

  3. mindsadrift says:

    Thanks for the info, it’s very informative. The immigration debate is a very complex issue and I’m glad there is a discussion going on.

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