“In the middle of difficulty lies opportunity.”
                                - Albert Einstein

Background

As Utah’s business leader, the Salt Lake Chamber views immigration reform as an incredible opportunity for Utah and the federal government to positively impact our economy and society. As a Chamber we seek to bridle the incredible force that is immigration and utilize it as a tool to improve the Utah economy. We reject any approach that does not implicitly recognize the power of immigration as a catalyst for positive change.

The Salt Lake Chamber recognizes that the federal government has failed to appropriately manage immigration policy for the benefit of its citizens. Further, the Chamber understands that immigration law is, to a large extent, a federal issue that requires federal action. Utah has an opportunity to pioneer a method to utilize the power of immigration for positive change. 

The following policy proposal outlines a vision and plan for how to make immigration an economic asset to our state, all while protecting public safety and remaining a nation based on laws. 

The Vision

The Salt Lake Chamber seeks to strengthen our economy by pursuing immigration policies that protect the health and safety of residents and capture a needed and valued workforce. We are interested in long-term solutions and will not be satisfied by merely treating the symptoms.

The key issues that must be addressed include:

- Federal inaction on immigration policy
- Utah’s current undocumented population and its affect on resources
- Utah businesses’ unmet need for both high and low skilled labor
- Public health and safety

The Plan

Step 1: Work closely with Utah state legislators to pass bold legislation, which will require several federal waivers to be implemented fully. 

Step 2: Work closely with Utah’s federal delegation to provide them with any and all support they need to seek out and obtain the necessary federal waivers to implement the state legislation.

The Details

Utah Employer Sponsored Work Program: This program will provide a two-year, renewable guest worker authorization for foreign workers and undocumented immigrants currently residing in the State of Utah. Residency requirements will prevent undocumented individuals from outside the state from being attracted to Utah and thereby overwhelming the program and preventing resolution of the current undocumented population currently in the state. 

Federal Waivers: The state of Utah will require a federal waiver on several issues if it is to utilize this opportunity to harness the power of immigration by overcoming federal inaction. First, a federal waiver is needed to implement an Employer Sponsored Work Program and the authority to grant temporary work permits to undocumented persons. Second, a federal waiver is needed to allow state and local law enforcement officials to aggressively enforce federal and state immigration law. This component is key to preventing a large influx of undocumented laborers who may be attracted to Utah’s new program. Third, Utah will require a federal waiver to withhold federal FICA and Medicare revenue and apply it toward the health insurance and other administrative costs of the program.

Utah’s Undocumented Population: Many difficult public policy issues stem from how Utah will deal with its current undocumented population. This plan will allow for Utahns to deal with this population in a fair manner by giving each undocumented immigrant an opportunity to be classified as a guest worker and receive a two-year immigration benefit that has the possibility of being renewed.

  Businesses’ Demand For Labor: Utah businesses need additional labor. While many focus on the unskilled labor demand, which is significant, this plan addresses both the unskilled and skilled labor demands of Utah. 

Qualified Positions: Whenever feasible, Utah’s law will utilize the existing federal framework in order to avoid unnecessary costs and duplication. To this end, the Chamber proposes that H1B notice regulations be applied to Utah’s Employer Sponsored Work Program. Provisions consistent with Utah’s proposal that may exist in other programs, such as H2A and H2B, will also be followed. 

Qualified Individuals: Utah’s Employer Sponsored Work Program shall require that potential workers meet the following criteria as administered by the Department of Workforce Services:

  Registration as Worker: Applicants must register by providing all relevant contact data, including name, address, telephone number, etc. to the State of Utah. This data must be updated if any changes are made. Failure to properly update this information will be grounds for revocation of worker status.

  Security Check: Each individual will be fingerprinted and their name will be run through the Interagency Border Inspection System Name Check system that is currently utilized by USCIS for this purpose. If individuals have a criminal history that includes any felony or other serious offense (yet to be determined), that individual will not be eligible for this program. If further review is merited, the state will have the discretion to submit the individual’s fingerprints and name to the FBI for additional scrutiny.

  Medical Exam/Health Check: Each immigrant will be required to undergo the same examination currently required for federal permanent residence status. Utah will also apply the same health-related grounds of inadmissibility. 

  Employer Sponsor: An employer can only sponsor a guest worker if the position that will be filled by the guest worker has been subject to appropriate notice and no eligible domestic workers have been identified for the position. Applicants who are not undocumented Utah residents must apply from their country of origin and must have an employer sponsor at the time of application. An applicant who is currently undocumented must be sponsored by an employer within 90 days of registering as a worker. 

  Surety Bond: The guest worker must provide a minimum surety bond with the intent of covering any cost of future enforcement if the applicant does not honor the terms of the guest worker program.

  FICA and Medicare Equivalent Withholding: The State of Utah will require employers to withhold an amount equivalent to the amount withheld for FICA and Medicare purposes. This money will be used to help pay for the cost of the health insurance that each guest worker will be required to have. 

10% Additional Withholding: This withholding will be taken out by the Utah State Tax Commission and invested in a trust fund. Interest on this fund will be utilized to fund the administrative costs of the guest worker program. The principle withheld from individual guest workers will be available to those individuals upon successful completion of their temporary guest worker status.

  Health Insurance: All guest workers must be enrolled in a health insurance program that provides basic minimum services. Employers may facilitate an applicant’s meeting this requirement by providing insurance for the employee.

  Auto Insurance: Proof of valid, unexpired auto insurance will be submitted to the Department of Workforce Services. Expired insurance will be grounds for revocation of guest worker status. If a guest worker does not drive a car, a waiver may be submitted for this requirement.