Rather than passing Representative Stephen Sandstrom’s Arizona-like law (HB70) in it’s intended form, legislators modified the law, removing from it the provision that would have allowed police to ask immigration questions based on a “reasonable suspicion” that a person they stopped had illegal immigrant status. Perhaps, they didn’t want the anti-racial-profiling response that continues to affect Arizona. The law now requires officers to check the immigration status of anyone they arrest who is on a felony or class B or C misdemeanor charge, something the federal immigration police (ICE) do in the county jails anyway.
These laws continue to be controversial even among immigration activists. The guest worker program will cost immigrants a couple thousand dollars to join, and there’s still some question as to whether or not the federal government will consider a state immigration plan constitutional. However, these legislative moves are landmarks that indicate Utah’s famously ultra-conservative stance on immigration may have shifted to a more moderate position. The big question is, why? What sparked the change? The media has suggested these reasons:
- The Utah Compact, a declaration of humane principles that should guide immigration legislation, which happens to be signed by several powerful groups and endorsed by one of Utah’s most influential organizations, The Church of Jesus Christ of Latter-Day Saints.
- Business and Farm lobbyist arguments for the need of migrant labor.
- Major efforts by the conservative media to portray undocumented immigrants in a more sympathetic light. (KSL, Deseret News)
- New (2011) comprehensive research on undocumented immigrants and crime by Sutherland Institute and Brigham Young University, which reveals that of all the inmates in Utah jails and the state prison, only 5.4% are undocumented immigrants (3.8% if you don’t count the illegal-status inmates who have already served their criminal sentence and are simply detained as they await trial for federal immigration violation).
The last item was a brilliant response to a concern held by Utahns for the past few years that while very few reputable studies have been published to give us a clear picture of immigration and crime, politicians and activists have proposed conflicting answers based on estimations formulated without following academic standards essential for accurate statistics.
"There are three kinds of lies: lies, damned lies, and statistics." (Mark Twain)
The intent of this blog post is to discuss the nature of the immigration-and-crime concern, to describe the events leading up to the new research, and to reveal the flaws in previous research.