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Mark L. Shurtleff: Republican Attorney General Of Utah Defies GOP Anti-Immigrant Rhetoric

Posted: 04/ 3/2012 12:14 am Updated: 04/ 3/2012 3:23 pm

Utah Immigration

When Dan Stein, the longtime President of the country’s leading conservative think-tank, the Federation for American Immigration Reform (FAIR), got into a tiff on a radio talk program over Utah’s immigration law last year, he wasn’t having it out with a liberal, immigrant rights activist. Rather, the exchange was with Utah Attorney General and Republican, Mark L. Shurtleff.

Shurtleff tells The New York Times that “It’s only the loud, shrill voices we’ve been hearing. But I believe the majority of Republicans aren’t this shrill, anti-immigration, punish-’em-at-all-costs kind of mentality.”

A longtime Republican who supports GOP Presidential hopeful Mitt Romney, and a Mormon who opposes abortion and President Obama’s health care reform, Shurtleff represents a break from the hardline stance of many prominent conservative politicians when it comes to immigration.

After the nation’s most stringent immigration law -- controversial Arizona bill SB-1070 -- passed last year, Shurtleff joined an unlikely coalition of law enforcement, community members, and faith leaders to draft the Utah Compact, a declaration of five principles that guide discussion over immigration in the state.

In sharp contrast with positions taken by fellow Republicans -- and asserting the Obama Administration's primary reason for challenging local anti-immigration bills -- the Utah Compact begins by stating "Immigration is a federal policy issue between the U.S. government and other countries -- not Utah and other countries."

Furthermore, the 2nd of the Compact's principles says that "Local law enforcement resources should focus on criminal activities, not civil violations of federal code."

However, even enlightened hard-line positions on undocumented immigration, such as the Utah Compact, can run afoul of prevalent federal law.

In 2011, Utah officials passed House Bill 497, which was "modeled on Arizona's strict enforcement measure." In February of this year, a federal judge postponed deciding on the constitutionality of HB 497 until after other courts pass judgment on Arizona's SB 1070 law. Until then, the Utah law remains under an injunction.

Nonetheless, Latino columnist and a longtime leader in his state, Tony Yapias says the Attorney General is "“the most compassionate Republican I know.”

Last year, Utah also passed HB116, a guest-worker bill that would allow undocumented immigrants the right to work via a state-run visa, should they pass a background check and pay several fines. A federal court has upheld the law.

In February, the Utah State Senate did away with a bill that attempted to repeal HB116. Champions of the bill include Republican Senators Stuart Reid, chairman of the Senate Workforce Services and Community and Economic Development Committee, and Senate President Michael Waddoups.

Despite the rhetoric among the GOP Presidential hopefuls who are defining the tone of the immigration debate, not all conservatives are falling in line.

CORRECTION: An earlier version of this article stated that Utah Attorney General Mark L. Shurtleff and Dan Stein appeared on a radio program last week. They appeared on the Diane Rehm Show last year.

Related on HuffPost:

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  • The Template: California Proposition 187 (1994)

    California's Proposition 187 was submitted to the voters with the full support of then Republican governor Pete Wilson. It essentially blamed undocumented immigrants for the poor performance of the state economy in the early 1990s. The law called for cutting off benefits to undocumented immigrants: prohibiting their access to health care, public education, and other social services in California. It also required state authorities to report anyone who they suspected was undocumented. <strong>Status:</strong> The law passed with the support of 55 percent of the voters in 1994 but declared unconstitutional 1997. The law was killed in 1999 when a new governor, Democrat Gray Davis, refused to appeal a judicial decision that struck down most of the law. Even though short-lived, the legislation paved the way for harsher immigration laws to come. On the other hand, the strong reaction from the Hispanic community and immigration advocates propelled a drive for naturalization of legal residents and created as many as one million new voters.

  • The Worst: Arizona SB 1070

    The Arizona Act made it a misdemeanor for an undocumented immigrant to be within the state lines of Arizona without legal documents allowing their presence in the U.S. The law was widely criticized as xenophobic and for encouraging racial profiling. It required state authorities to inquire about an individual's immigration status during an arrest when there was "reasonable suspicion" that the individual was undocumented. The law would allow police to detain anyone who they believed was in the country illegally. <strong>Status:</strong> The law was signed into law by Arizona Governor Jan Brewer on April 23, 2010, immediately generating a swirl of controversy and questions about its constitutionality. In July 2010 and February 2012, federal judges blocked different provisions of SB 1070, setting the stage for the <a href="http://www.huffingtonpost.com/2012/06/25/sb1070-ruling-supreme-court_n_1614119.html" target="_hplink">the Supreme Court decision of June 25, 2012</a> which struck down multiple provisions but upheld the controversial "papers please" provision, a centerpiece of the law which critics say will lead to racial profiling

  • Following Arizona's Footsteps: Georgia HB 87

    The controversy over Arizona's immigration law was followed by heated debate over Georgia's own law. HB 87 required government agencies and private companies to check the immigration status of applicants. This law also limited some government benefits to people who could prove their legal status. <strong>Status:</strong> Although a federal judge temporarily blocked parts of the law considered too extreme, it went into effect on July 1st. 2011. House: 113-56 Senate: 39-17

  • Verifying Authorized Workers: Pennsylvania HB 1502

    This bill, which was approved in 2010, bans contractors and subcontractors employ undocumented workers from having state construction contracts. The bill also protects employees who report construction sites that hire illegal workers. To ensure that contractors hire legal workers, the law requires employers to use the identification verification system E-verify, based on a compilation of legally issued Social Security numbers. <strong>Status:</strong> Approved on June 8th 2010. House: 188-6 (07/08/2010) <a href="http://www.flickr.com/photos/donkeyhotey/" target="_hplink">Flickr photo by DonkeyHotey</a>

  • A Spin Off of Arizona: Utah HB 497

    Many states tried to emulate Arizona's SB 1070 law. However, most state legislatures voted against the proposals. Utah's legislature managed to approve an immigration law based on a different argument. Taking into consideration the criticism of racial profiling in Arizona, Utah required ID cards for "guest workers" and their families. In order to get such a card workers must pay a fee and have clean records. The fees go up to $2,500 for immigrants who entered the country illegally and $1,000 for immigrants who entered the country legally but were not complying with federal immigration law, <a href="http://articles.latimes.com/2011/mar/06/nation/la-na-illegal-immigration-20110306" target="_hplink">according to the LA Times.</a> <strong>Status: </strong> Law went into effect on 03/15/2011 House: 59-15 (03/04/2011) Senate: 22-5 (03/04/2011)

  • The Most Comprehensive: Florida HB-1C

    Florida's immigration law prohibits any restrictions on the enforcement of federal immigration law. It makes it unlawful for undocumented immigrants within the state to apply for work or work as an independent contractor. It forbids employers from hiring immigrants if they are aware of their illegal status and requires work applicants to go through the E-verify system in order to check their Social Security number. <strong>Status: </strong>effective since October 1st, 2010

  • The Hot Seat: Alabama HB 56

    The new immigration law in Alabama is considered the toughest in the land, even harder than Arizona's SB 1070. It prohibits law enforcement officers from releasing an arrested person before his or her immigration status is determined. It does not allow undocumented immigrants to receive any state benefit, and prohibits them from enrolling in public colleges, applying for work or soliciting work in a public space. The law also prohibits landlords from renting property to undocumented immigrants, and employers from hiring them. It requires residents to prove they are citizens before they become eligible to vote. The law asked every school in the state to submit an annual report with the number of presumed undocumented students, but this part, along with others, were suspended by federal courts. <strong>Status:</strong> Approved June 2nd, 2011 House: 73-28 (04/05/2011) Senate: 23-11 (05/05/2011) <a href="http://www.flickr.com/photos/longislandwins/" target="_hplink">Flickr photo by longislandwins</a>


FOLLOW LATINO VOICES

When Dan Stein, the longtime President of the country’s leading conservative think-tank, the Federation for American Immigration Reform (FAIR), got into a tiff on a radio talk program over Utah’s ...
When Dan Stein, the longtime President of the country’s leading conservative think-tank, the Federation for American Immigration Reform (FAIR), got into a tiff on a radio talk program over Utah’s ...
Filed by Andrea Long Chavez  | 
 
 
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HUFFPOST SUPER USER
BeasTT
07:00 PM on 04/10/2012
Wow, if only the mighty Brown people would just follow the law and come here legally.

No other ethnicity whines and complains the way they do. Pobrecitos.
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HUFFPOST SUPER USER
Peter007
09:08 AM on 04/04/2012
Reagan granted amnesty to all illegals and then the U.S. had an economic boom.
Bush pushed for comprehensive immigration reform.
HUFFPOST SUPER USER
SuperMex
01:42 AM on 04/04/2012
American folks of Mexican ancestry who make up over 40% of the population have made Texas the economic power house that it is today.

I'm just asking now? How many conservative states with at least 70% or more Anglo population can match on a percentage basis the economic power of Texas? Can any of these states do that: Alabama, Mississippi, Arizona, Tennessee, Arkansas and Kentucky? The answer is no. By the way these states like my Tejano state are virtually un-regulated. No excuses allowed.

Quit your belly-aching and go to work.
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spytheweb
Black Democrat
03:43 AM on 04/04/2012
So what's wrong with Mexico? They are 100% Mexican.
HUFFPOST SUPER USER
SuperMex
11:49 AM on 04/04/2012
So what's wrong Austria and Germany? They beacon you and they are also 100% aryan anglo.

I'm sure there's no anchor around your ankle.
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HUFFPOST SUPER USER
BeasTT
06:58 PM on 04/10/2012
Did you account for the size and overall population of Texas ? Or do facts like that get in the way of planting your Mexican flag in the ground ?
HUFFPOST SUPER USER
SuperMex
10:45 PM on 04/10/2012
BeasTT, Google Tejano Monument and read, then Google Tejano Monument Video and watch and listen.
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HUFFPOST SUPER USER
Avatar73
10:26 PM on 04/03/2012
I am always amazed how Americans can sell out their own country & people for another one, Mexico will never do that, just go there and find out for yourselves, they are proud to be Mexicans, now ask yourselves where is your pride???

It is the Mexican Government's Jobs to provide and care for their citizens, not ours!!!
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inthedesert
Those who never question will fall for anything.
07:04 PM on 04/03/2012
I am afraid he is very, very wrong and under estimates the extreme dislike many of us have for illegals from Mexico. And this dislike is growing. Every time I read an article about the growing numbers of latinos and the media shills braying and bragging about the browning of America I am even more committed to stopping this by electing a very anti-illegal immigrant candidate in November.
HUFFPOST SUPER USER
Chief Johnson2
We, Hispanics, are the future.
11:12 PM on 04/03/2012
Too bad you dislike "Mexicans" (I guess that include anybody from hispanic heritage, like me), but unfortunately you are part of a minority of extremist (25 to 30% of Americans according most of the polls) who will die lamenting what it is already a reality, the browning of America. That ship already sailed and nothing will stop it.
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spytheweb
Black Democrat
03:45 AM on 04/04/2012
Browning of Mexico, how's that doing? That is what we have to look forward to. Living standard is going down not up.
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HUFFPOST SUPER USER
BeasTT
07:02 PM on 04/10/2012
Can America just change it's underwear ? Or is it more complex to "un-Brown" America ?
HUFFPOST SUPER USER
Chief Johnson2
We, Hispanics, are the future.
11:18 PM on 04/03/2012
And by the way, you are going to need more than an anti llegal immigrant candidate, because 4 of every 5 hispanics in the country are American Citizens of legal residents.
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HUFFPOST SUPER USER
BeasTT
06:59 PM on 04/10/2012
We can fix that Chiefy.
02:29 PM on 04/03/2012
The panel you cite, @aflongch , took place in March 2011, not last week. http://thedianerehmshow.org/shows/2011-03-31/states-look-immigration-reform
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HUFFPOST SUPER USER
Alitoo
01:26 PM on 04/03/2012
ChiefJohnson2 said:""Illegal aliens don't have civil liberties"????? Dear God where were you alito when your 8 th grade teacher gave the Constitution class? "
-------------CIVIL liberties and CIVIL rights belong by definition to CITIZENS of a country. We have rights such as due process that we give to literally everyone, but they're better called "human rights" than civil rights.
HUFFPOST SUPER USER
Chief Johnson2
We, Hispanics, are the future.
04:44 PM on 04/03/2012
Please Alitoo, don't embarrased yourself anymore. Read Yamataya vs. Fisher, Yick Wo vs. Hopkins, Wong wing vs US. Your welcome.
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HUFFPOST SUPER USER
Royce09
Freedom is not Free, cost = Blood of our Military
12:59 PM on 04/03/2012
I dont like Shurtleff because his hands are too dirty from playing in utah politics. However on immigration he is ahead of the rest of the GOP by leaps and bounds The GOP position of immigration overall will hurt them, but alot of other things are hurting them too.
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HUFFPOST COMMUNITY MODERATOR
ChiGuy
Just an earthbound misfit, I
11:36 AM on 04/03/2012
Some voices of reason amid a din of right wing bigotry.
There may be hope for this country yet.
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HUFFPOST SUPER USER
Royce09
Freedom is not Free, cost = Blood of our Military
12:55 PM on 04/03/2012
the hope for this country is that we all can come together and make America the Best Place in the world to live. Once America stops being the land of dreams, it stops being what America stands for.
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HUFFPOST SUPER USER
Alitoo
01:51 PM on 04/03/2012
This country is founded on respect for the law, beginning with the Constitution. Now, why should we "come together" with illegal aliens who have so shown their disrespect for this country and its principles? It is those principles that make it the "land of dreams". Ask a Mexican, for example, why he's not "dreaming" in his own country, which is one of the wealthiest in the world. Could it be that corruption--disrespect for the law--makes it unpalatable to live there? Same is true in many other countries that illegal aliens come from, and they don't even realize that in coming here illegally, they're bringing the very seeds of the corruption that rots their homelands.
11:29 AM on 04/03/2012
pandering to a group that has no respect for our laws. This country is in trouble.
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HUFFPOST SUPER USER
iAnonymous
G.G.G.G.G. (Good God Girl Get a Grip)
12:57 AM on 04/04/2012
If your choices in life were disobey a law or feed your family, which would you choose? Yeah, that's what I thought.
HUFFPOST SUPER USER
nasknit
Freedom isn't free.
01:27 AM on 04/04/2012
Since you're so supportive, maybe they can come live with you?
05:30 PM on 04/09/2012
If I'm not mistaken, I think that is the same argument a thief would use after stealing food and diapers from the grocery store? I think we have laws for that too -- and expect them all to be enforced.
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HUFFPOST SUPER USER
idisVA
11:28 AM on 04/03/2012
It is ironic that the States Rights folks are the same that insists on taking on immigragration as State function that is clearly the function of the Federal Government.
05:32 PM on 04/09/2012
It is both. The Feds make policy, enforce the visa system and provide border security and police employment. States must be the front line of catching those who have entered illegally and scattered across the country. Secure Communities and 2897(g) type programs must be a major part of comprehensive immigration enforcement.
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newworldman777
What would our future 7th generation think of us?
11:21 AM on 04/03/2012
I thought that we had already torn up the coerced Treaty of Guadalupe Hidalgo and ceded the Southwest back to Mexico?
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HUFFPOST COMMUNITY MODERATOR
ChiGuy
Just an earthbound misfit, I
11:45 AM on 04/03/2012
"I thought..."
___________________

No, you didn't.
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HUFFPOST SUPER USER
Alitoo
12:20 PM on 04/03/2012
Now, is Mexico going to return the SW to its original owners, the Native Americans? You know--the people the SPANISH stole it from?
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newworldman777
What would our future 7th generation think of us?
01:34 PM on 04/03/2012
Being Native American myself, I surely do hope so. But you have to start somewhere, so why not start with the last to steal the land, and then work our way back from there?
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HUFFPOST SUPER USER
axenios
11:11 AM on 04/03/2012
A small voice of reason....
10:55 AM on 04/03/2012
I'm proud of Republicans like this for understanding what immigration is all about and the great role it plays in making our country great. But what is disturbing is the failure of the federal government to take a role in this ordeal. Immigration is a vital part of our country and the success of our economy. We need immigrants. But right now there is no system to protect the people who want to come here to do good vs. the ones who come here for other purposes. There is no "Ellis Island" for them to check in. It is badly needed and the anti-immigration people will only have more cause to fight until we have a system in place that makes it possible for people to come here legally from other countries.
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HUFFPOST SUPER USER
Alitoo
12:36 PM on 04/03/2012
We do NOT need unskilled uneducated people who are willing to break the laws of this country to get what they want. We have a sound legal immigration system that lets 1.1 million legal immigrants in each year AND we already have high unemployment. If anything we should let in fewer and place more emphasis on skills and education. As it is, we emphasize "family reunification", which is why just one country, MEXICO, regularly sends 15-20% of our legal immigration--much of it unskilled uneducated family members who are also workers. You're also under the mistaken impression that our immigration policy should be for the good of immigrants. No such thing. It should be for the good of AMERICANS.
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HUFFPOST SUPER USER
iAnonymous
G.G.G.G.G. (Good God Girl Get a Grip)
01:00 AM on 04/04/2012
You conveniently forget that many companies exploit what essentially amounts to slave wages for these workers. They're not going to be included in any employment statistics because their jobs are undocumented, and frankly, I don't know of anyone who is so hard up for work that they will pick tomatoes for pennies on the bushel and live in a shack with 15 other people. It's Grapes of Wrath for many Mexican workers in this country, and you and I benefit from it every time we buy cheap produce sent in from somewhere far from our homes. You say that you don't want unskilled uneducated people who are willing to break the laws, but I'm betting you'd cuss a blue streak if all of your food prices started going up dramatically because growers and producers had to pay minimum wages, benefits and then some.
Charles Shaffer
Progressive Realist
10:32 AM on 04/03/2012
For all you people crying about the illegal immigrants taking your job. If some guy can wade across the Rio Grande and take your job, then you need to either get back to school and get some skills, or work harder. Stop crying and get to work.
11:04 AM on 04/03/2012
the not only take jobs, but drive down wages, increase housing costs fro the rest of us etc.
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HUFFPOST SUPER USER
Alitoo
12:25 PM on 04/03/2012
Ask yourself WHY that guy is willing to wade the Rio Grande. There are too few jobs in his own country because there are too many people competing for them. Illegal immigration increases the number of people competing for jobs here and that alone drives down wages. For the record, 7 million illegal aliens are stealing SS numbers to work, and they're working at jobs Americans are doing and will do. ICE audits regularly find them working alongside Americans at companies such as Pacific Steel and Chipotle. And for the record, more education or skills doesn't protect you when this administration is also importing more highly skilled legal immigrants who also drive down salaries and wages. Ask the radiologist who can't compete with the doctor in India reading xrays, or the middle-aged engineer who lost his job here because an H1-B is cheaper. By the way, lots of illegal aliens these days are agitating for the Dream Act, so that illegal alien kids can more easily go to college subsidized by us and take the better jobs we already do. What's your argument THERE?
HUFFPOST SUPER USER
Chief Johnson2
We, Hispanics, are the future.
04:36 PM on 04/03/2012
I would love to see one single accurate statement from you. There are 7 to 8 unuthorized immigrants working in the Us, the government has issued 9 millions ITIN numbers, their own estimation (I don't like this word) is that at least 6 million have been used by unauthorized immigrants. Than means than in the worst scenario, only 2 million are using somebody else SS, but guess what? Many of these workers are not using somebody else SS but working with a fake, non existence number. According to the IRS about 50%. That reduce your 7 million to only 1 million.