Smith to DOJ: Utah Immigration Law is Unconstitutional

Smith to DOJ: Utah Immigration Law is Unconstitutional

Washington, D.C. – Today, House Judiciary Chairman Lamar Smith (R-Texas) sent a letter to Attorney General Eric Holder urging him to take legal action against a recently enacted Utah law that creates its own guestworker program for illegal immigrants who have lived or worked in the state prior to May 10, 2011.  Last year, the Justice Department sued the state of Arizona for enacting legislation designed merely to complement and assist in the enforcement of federal immigration law.  To date, however, the Justice Department has been silent on the Utah law even though it directly undermines federal immigration law.

Below are excerpts from Chairman Smith’s letter.

“Your silence regarding the Utah law stands in stark contrast to your early condemnation of the Arizona law that instituted a state immigration enforcement scheme … If the Administration is serious about having a uniform immigration policy rather than the ‘patchwork’ of state immigration laws you profess to oppose, then the Administration needs to take action against the Utah law…

“Under normal circumstances, the Justice Department should take legal action against the Utah law for usurping Congress’ constitutional authority to determine national immigration policy.  But it is even more important to do so during these tough economic times.  Jobs are scarce and families are worried.  The most vulnerable American workers have been especially hard hit by the ongoing jobs recession…
“If you choose not to seek action against the Utah law, it will be perceived that you are basing your decisions on your own policy preferences rather than on constitutional principle.  We would be able to gather that the Administration’s definition for ‘patchwork of immigration enforcement’ is limited to those who seek to enforce federal immigration law and does not include those who seek to undermine it.  For the sake of consistency, it is time to end the double standard.”

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Letter to Attorney General Eric Holder Text PDF