Key Provisions of Utah's Anti-Immigrant Law Struck Down

"A federal district court today issued a decision blocking several components of Utah’s HB 497, an Arizona-style anti-immigrant law passed in 2011 that threatened the basic civil rights of all Utahns.  In its order, the court blocked key provisions of the law that would have allowed police to arrest certain potentially deportable immigrants and that would have criminalized everyday activities, such as driving an undocumented immigrant to the store. The order also severely limited implementation of several provisions of the law. The court clarified that the provision authorizing police to demand “papers” of those they think may be in the country without authorization does not authorize police to stop or detain an individual simply to verify his or her immigration status. The court also made clear that the law does not require Utahns to carry identification with them at all times.  “Today’s order establishes a bright line for Utah law enforcement, explaining to local police that if they prolong a traffic stop for even one minute to determine an individual’s immigration status, they risk running afoul of the U.S. Constitution,” said Karen Tumlin, the managing attorney at the National Immigration Law Center who argued the case before the court in 2012 and again in 2013." - NILC, June 18, 2014.

"A federal judge issued a split ruling Wednesday on Utah's controversial immigration law, upholding one key measure but striking down several others in legislation that was passed in 2011 amid a wave of immigration crackdowns around the country. The ruling by U.S. District Judge Clark Waddoups upheld a key provision that requires police work with federal authorities to check the immigration status of people arrested for felonies or certain misdemeanors such as theft, while giving authorities the discretion to check the citizenship of those stopped for traffic infractions and other lesser offenses. But Waddoups set limits on how it can be implemented. For instance, officers cannot hold a person longer than normal just to wait for federal officials verify immigration status. That means if a person is stopped for a traffic offense that doesn't require booking, he or she cannot be detained solely because of questions about immigration status. Those limits, based on detailed guidance issued in 2012 by the Utah attorney general's office, led immigrant-advocacy groups to claim victory in the ruling." - Associated Press, June 18, 2014.