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Utah House extends implementation deadline for immigration-related program; bill passes after hours of debate
Summary
The House passed Senate Bill 203 on March 5, 2014, extending the implementation sunset for an immigration-related program to allow time for federal waivers. Sponsors said the move buys time to secure waivers; opponents urged implementation without delay and questioned scope and federal involvement.
The Utah House of Representatives voted to pass Senate Bill 203 on March 5, extending the statutory implementation deadline for an immigration-related program to February 2017 to allow time to secure federal waivers.
Representative Brent Stratton, the House sponsor, told colleagues the extension is meant to let the waiver process “work itself through” and to give the state time to obtain needed federal waivers and authorizations. Stratton said he would personally report back to the body with updates on waiver status.
Rep. Jack Draxler urged opposition, calling the delay “extremely frustrating” and arguing the Legislature should implement the underlying provisions of House Bill 116 without waiting for federal action. Draxler said the original 2011 legislation exercised “legislative resolve” to act where Congress had not and that postponing implementation undermines that intent.
Other members pressed the sponsor for specifics. Rep. Chavez Houck asked about the current status of federal waivers and requested future reporting to the Legislature. Rep. Kristofferson asked what would occur if the extension were not approved; Stratton said failing to extend would place undue pressure on the body’s timeline and predicted subsequent litigation between the state and federal government if the state attempted unilateral implementation.
Rep. Christiansen raised a technical concern about which code sections the date change would affect; the sponsor said the intent is to extend the entire statutory ‘‘program’’ across the related code sections and that language in section 202 triggers the broader coverage. Rep. Nelson noted the U.S. Supreme Court has limited states’ ability to regulate immigration in prior cases and questioned how much the state can do without federal action; the sponsor said Utah’s 2011 law had a different structure and had not been specifically challenged.
After extended floor discussion, the House recorded 43 votes in favor and 29 opposed and passed SB 203. The bill will be signed by the speaker pro tem and returned to the Senate for the president's signature.
The sponsor committed to providing regular updates on waiver efforts; if waivers are not granted, the sponsor said the state may face litigation or other legal consequences as it considers implementation.
Vote at a glance: Senate Bill 203 — 43 yes, 29 no; outcome: passed.
