S.B. 60 and other guest worker programs, by Amber Smith and Diana Ortega

The Pilot Accountability Program (S.B. 60), also referred to as a guest worker program, would allow undocumented individuals in Utah to obtain a work permit, valid twelve to twenty four months. A guest worker program, in theory, could be very beneficial for Utah’s 100,000 undocumented persons and business and industry, but unfortunately, many flaws lie within the Pilot Accountability Program. Critics from both parties have raised concerns about specific provisions and regulations of this bill.

Some unpopular provisions include criminal background checks and a 160 hour English instruction requirement at the undocumented individual’ s expense. The undocumented individual would also be required to pay interest fees for benefits they may not qualify to receive.

This accountability program would require all undocumented immigrants to apply for and carry a worker's permit card at all times. Failure to show the permit could lead to detention of the individual. In addition, an application for a permit through the Pilot Accountability Program could cost a substantial fee and does not guarantee renewal after the permit expires. If the undocumented individual loses his or her job, he or she may be forced to leave the state/country. Senator Robles, the sponsor of S.B. 60, said herself that the security of this bill was more stringent than H.B. 70 (the Arizona copy-cat bill).

Currently there are two other similar proposals; The Guest Worker Program Act (H.B. 116) and the Utah Immigration Enforcement Amendments (S.B. 228). In reality, guest worker programs are unconstitutional, and are mainly being proposed in order to pressure the federal government to act on the immigration issue. These bills are unconstitutional under the Supremacy Clause (U.S. Constitution, article VI, paragraph 2) and the Fourth and Fifth Amendments. The Supremacy Clause establishes the federal government as the supreme authority over the land, and when conflict between state and federal law arises, the state’ s law does not withstand. Because of this the state government does not have the power to regulate/enforce immigration.

The Fourth Amendment establishes the right to privacy and protects an individual from unreasonable searches/seizure. The Fifth Amendment protects witnesses from being forced to incriminate themselves. By "pleading the Fifth" the individual is refusing to answer a question because the response could form self-incriminating evidence. By applying for a guest worker program, the undocumented person is incriminating themselves, and allows the federal government to access their records.

It is likely that if one of these bills were to pass, the State of Utah would be sued by the federal government, costing Utah millions in tax dollars. Utah legislators are proposing these bills with this knowledge. The Pilot Accountability Program strips undocumented people of most basic human rights, except the ability to work. The glamorized and appealing nature of the bill only offers false hope of amnesty. Meanwhile, it is an expensive program for undocumented immigrants and Utah citizens. In our opinion, this is dishonest and unreasonable.