Thursday, July 29, 2010

Guest Pass Remains Lovely Idea

The idea of the guest cards, allowing foreign workers to come to Utah not as citizens, but just on work visas, remains a lovely idea.

But, precede with caution.

Lt. Gov. Greg Bell is quoted in the Salt Lake Tribune as saying, "Is there any system that Utah could adopt . . . without a federal action taking place?"

The federal government controls entry into the country. So, one worry is that the border agents wouldn't honor the Utah guest passes. If that is the only fear, legislation should do no harm. The feds will either honor the cards or not honor them. Nothing ventured, nothing gained.

But, what of the possibility of litigation? If the matter is to be tied up in the courts, perhaps it is better to seek federal legislation allowing states to issue such guest passes.

The Tribune article also has Roger Tsai, chairman of the Utah Chapter of the American immigration Lawyers Association, saying guest passes would require a structure parallel to what the federal government already has in place for processing applications, conducting background checks, and enforcing against violations.

I do not know that that is entirely true. Perhaps the Department of Workforce Services could be asked how much of the processing could be absorbed by the existing staff and how much would require new staffing.

As for enforcement, we already have law enforcement officials. I don't see any need at all to hire new ones to enforce the guest pass program.

One guest pass idea being put forth would require the companies bringing in the guest workers to bond for them. Why ever would we do that? Keep the system simple, so it doesn't require much administration.

One service, though, must be funded, albeit it keeps the system from being as simple as I would like. Once the guest workers have gained entry to the country, some would go no further than Arizona or New Mexico or California or Texas. We cannot bid them in, only to have other states end up taking care of them. We should have escorts ensuring they make it all the way to Utah. True, once in Utah they might fan into other states, but having established them here with jobs should discourage that.

Other provisions of a good guest pass law? It would be nice if any job they take is required to have health insurance, thus side-stepping having them receiving free medical aid. Can farmers and other employers they often end up with afford to get them health plans? This, alone, would endanger the very reason for bringing many of them here, cheap labor, but we should look to see if there is a way to make it work, a way to get them insured.

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