Department of Justice Challenges Utah-s Immigration Law

WASHINGTON The Department of Justice has challenged Utahs immigration law, which comes after recent lawsuits in Arizona, Alabama and South Carolina. In a complaint, filed in the District of Utah, the department states that several provisions of Utahs H.B. 497 are preempted by federal law. The provisions were enacted on March, 15, 2011. The departments complaint states that H.B. 497 clearly violates the Constitution because it attempts to establish state-specific immigration policy. The law creates and mandates immigration enforcement measures that interfere with the immigration priorities and practices of the federal government in a way which is not cooperative with the primary federal role in this area. The laws mandates on law enforcement could lead to harassment and detention of foreign visitors and legal immigrants who are in the process of having their immigration status reviewed in federal proceedings and whom the federal government has permitted to stay in this country while such proceedings are pending. The department notified Utah state officials of its position that the Utahs Immigrant Guest Worker statutes, H.B. 116 and H.B. 469, are clearly preempted by federal law. Given that the provisions do not take effect until 2013, and in light of the constructive conversations the department continues to have with Utah officials about these provisions pursuant to the Justice Departments long-standing policy of exploring resolution short of litigation before filing suit against a state, the department is not challenging these provisions today. If, however, Utah fails to comply with federal law in this area, the department will not hesitate to take the legal action necessary to vindicate the important federal interests in this matter before these laws go into effect. The suit was filed on behalf of the Departments of Justice, Homeland Security and State, which share responsibilities in administering federal immigration law. The department will soon request a preliminary injunction to enjoin enforcement of the certain provisions of H.B. 497. The Justice Department previously challenged S.B. 1070, H.B. 56, and Act No. 69 on federal preemption grounds in Arizona, Alabama and South Carolina, respectively. The department continues to review immigration-related laws that were passed in Indiana and Georgia. Courts have enjoined parts of the Arizona, Alabama, Georgia and Indiana state laws and temporarily restrained enforcement of Utahs law.