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« Back to articles from category "Legal"The following article was published in our article directory on May 8, 2013.
Learn more about SpinDistribute Article Distribution System.
Immigration Law Activation in Utah
Article Category: Legal
Author Name: Cassie Richardson
Certain groups asked the federal court last year to impede Utah immigration law HB 497. It was waiting the absolute ruling on the legitimacy of the law. It has been undergoing a restraining order since two years ago.
House Bill 497
HB 497 or Illegal Immigration Enforcement Act is supposed to institute a wide-ranging state immigration enforcement system similar to SB 1070 of Arizona. HB 497 bill will uphold profiling of individuals by law enforcement divisions based on their racial background in a lot of situations or circumstances. When this is carried out, the bill will forbid local police and offices from upholding regulations. The main concern is the safety and security of the people over the immigration enforcement. This would only make immigrants even more disheartened to report criminal acts or not willing to work with investigations due to their apprehension over racial profiling and possible deportation or removal.
Deliberations on the immigration law of Utah were heard in Court
Disputes over this immigration enforcement law were attended to for the first time after a year in the District Court just recently. The presiding judge was in the offing to rule on the legality of House Bill 497 until the Supreme Court decided to consider a similar law in Arizona. According to a principal lawyer who takes it seriously to go against HB 497, the decision of the Supreme Court in the past year regarding Arizona's immigration law made it apparent that states are not acceptable in criminalizing the immigration status of an individual. It is also an obstruction to federal authority and a violation of the rights of the common people in Utah.
On the other hand, the Assistant Attorney General of Utah contended that the immigration law in Utah is more tolerant in terms of verifying one's immigration status and that the Utah government will not initiate unless there is a consensus with the federal government. On the whole , the objective of Utah is merely to identify immigrants who are violating the laws of the state. The presiding judge remains in the process of deliberation. Meanwhile, the bill by the legislature of the state two years ago is still going through a existing restraining order that inhibits implementation of the law. As a result, people are problematic about their immigration status.
Latest ruling by the SC
According to the latest ruling on the immigration enforcement law of Arizona by the Supreme Court, the House Bill 497 of Utah immigration may be able to put into effect. The Supreme Court confirms certain parts of the bill while other portions of the Utah immigration law were transcribed in a different manner to prevent any legal impediment based on the SB 1070 of Arizona. The Supreme Court asserts that it was sensible for Utah to have discarded several of the provisions stated in the Arizona law and had revised others. Immigration attorneys claimed that the decision of the Supreme Court had straightened out for the verification provision of Utah.
Immigration lawyers assert the bill necessitates members of the police force to confirm the immigration status of individuals who will be taken into custody due to criminal acts including classes A, B, and C misdemeanors. This confirmation is not impeded by federal law and it does not infringe the supremacy clause. Based from this, the verification provision of Utah must in the same way be espoused because the state's immigration law is less persistent than that of the law in Arizona. The law in Arizona compels law enforcers to confirm the immigration status of an individual at any time a person is reasonably suspected of being an illegal alien in the country. They have to make sure to contact a reliable law firm. In general, no one is an expert on immigration law and only certified lawyers can guarantee results.
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