Attention - Youth Activists Wanted

As senior year progresses, high school seniors are faced with many tough decisions, including what to do after high school graduation.

While dreaming of what to accomplish, what positive changes to make in this world, and what grand stamp they hope to leave upon it, even the most passionate and ambitious young people must also face a bit of reality. How to best accomplish the next step (in many cases, college!) in a financially-feasible way?

For high school seniors who have been actively engaged in social activism and community leadership, the ACLU of Utah has at least one idea for you. We want to reward young people who have used their high school years to learn about and stand up for the important rights we are lucky to have in this nation.

In its fifth year, the ACLU of Utah’s Youth Activist Scholarship seeks to recognize Utah high school seniors passionate about civil liberties – and who have taken a stand in their communities to show it.

”We are getting more and more applications each year, from amazing young people who really care about protecting and promoting individual freedom,” says Anna Brower, Development Director at the ACLU of Utah. “No matter how challenging our work at the ACLU gets, we always get a boost of inspiration for students who are fighting along with us in their schools and neighborhoods!”

Each year since 2008, the program has awarded $1000 scholarships to three truly passionate young people who care about preserving civil liberties, and who have taken action to do just that.  Past scholarship recipients have positively impacted their communities by advocating for women at the United Nations, standing up for LGBT peers by starting Gay-Straight Alliances, lobbying their elected officials for the protection of immigrants’ rights, and championing free speech and a free press. .

Cara Cerise (Highland High School, Salt Lake City) was one of the ACLU of Utah’s first scholarship recipients, awarded in 2008. She spoke out for LGBT rights and social justice throughout her high school career. In addition to accepting leadership roles in her school's social justice club and lobbying against anti-LGBT bills at the state legislature, Cara also started the Utah chapter of Children of Lesbians and Gays Everywhere (COLAGE). COLAGE is a support group dedicated to helping children of lesbian, gay, bisexual, and/or transgender parents and families.

Ingrid Asplund (Walden School, Orem), a 2010 scholarship recipient, demonstrated her passion by taking part in international service trips and teaming up with Planned Parenthood to advocate for comprehensive Sex-Ed in Utah schools. The self-described “crazy environmentalist hippie chick” even started her own blog to tackle reproductive health topic, in the hopes that the online conversation will “help supplement the lackluster sex education kids in Utah get.”

Another 2010 recipient, Joel Organista (West High School, Salt Lake City), who is currently serving an LDS mission in Tokyo, Japan, focused his civil liberties activism on racial prejudice. After witnessing such injustices first-hand – and experiencing it himself – Joel became involved with the creation of a documentary called "Red Flags: Racism and Ethnic Stereotyping in Schools." Joel has presented the film, and his insights, at several national conferences. He was appointed to the National Advisory Board of the "Education Through Liberation" Network, through which he played a pivotal drafting a National Student Bill of Rights.

”What is so impressive about these young activists,” says Brower, “is the sophistication of their understanding of issues related to inequality and injustice. Our Selection Committee continually has been blown away by how much our applicants care about individual freedoms, and particularly about how other people may be prevented from exercising those freedoms.”

Interested graduating seniors, currently attending Utah high schools, who plan on entering an accredited college or university can apply online at www.acluutah.org. Qualified applicants will be selected, based on specific criteria, by the volunteer Scholarship Selection Committee, which is comprised of various community members and leaders. The top three applicants receive a scholarship award of $1000, and honored at the ACLU of Utah’s Annual Bill of Rights Celebration, which takes place each spring.

For more information about the Youth Activist scholarship and previous scholarship recipients, visit http://www.acluutah.org/scholarship.htmlhttp://www.acluutah.org/scholarship.html, or contact Anna Brower at (801) 521-9862 x100. 

Youth Activist Scholarship winners being honored at the Bill of Rights Celebration on May 11, 2011.

Video highlighting the 2011 Youth Activist Scholarship winners.

ACLU of Utah Asks School Superintendents to Confirm that LGBT Students Will Not be Excluded from School Dances

Recently, the ACLU of Utah received information that a lesbian couple was asked to leave a school’s homecoming dance violating their right to free expression and free association guaranteed by the First Amendment, as well as Constitution’s promise of Equal Protection. We took this opportunity to write a letter to every school district superintendent in Utah, educating them about the court decisions upholding the rights of same sex couples to attend proms and other school dances and functions in the hope that it might prevent future circumstances that could result in litigation. Read more >>

ACLU of Utah Asks School Superintendents to Confirm that LGBT Students Will Not be Excluded from School Dances

Where are we now?

This week, the ACLU of Utah is proud to be hosting Jameel Jaffer, Deputy Legal Director of the ACLU and former director of the ACLU’s National Security Project.  We invited Mr. Jaffer to Salt Lake City to encourage reflection and provide a critical civil liberties progress report following the recently-obsevred ten-year anniversary of the September 11th attacks.




On Saturday, October 29th Jameel Jaffer will present “Our New Normal: National Security, Civil Liberties and Human Rights 10 Years After September 11 that 6:30pm at the Khadeeja Islamic Center, 1019 West 2455 South, in West Valley City. This event is free and open to the public; Modest dress is strongly encouraged, out of respect for our hosts at the Khadeeja mosque. (LINK TO MAP HERE)

Our country has done a lot of healing since the tragic events of 9/11, but we are far from where we were, in terms of our individual liberties and civil rights, before that devastating day.  Unfortunately, many Americans have suffered injustices, large and small, as a direct result of U.S. policies and actions following the attacks.  What once might have been unimaginable infringements upon the human rights of American citizens, on American soil,  now have become our “new normal.”  Extrajudicial Killings.  Torture.  Racial Profiling and Mapping.  Unwarranted surveillance.  Islamaphobia.  These violations of fundamental civil liberties have all become, somehow, acceptable – or, at least, hardly shocking – in our post-9/11 culture.   

Just 45 days after 9/11, the U.S. Congress passed The PATRIOT Act , a bill that would prove to seriously undermine the constitutional rights of thousands.  Parts of the act were supposed to expire in 2005, but regularly have been extended by Congress, until at least 2015.  Ostensibly created and authorized in order to aid the U.S. government in its fight against terrorist extremism across the globe, the Act became a powerful vehicle for the undermining of the rights of thousands of U.S. citizens and non-citizens..  Check out the ACLU’s Post-9/11 Surveillance Timeline to recall specific policies that have been enforced against the American people in the past decade.

Last week, in anticipation of Jameel Jaffer’s visit, the ACLU of Utah screened Laura Poitras’ film “The Oath”, in Ogden and in Orem at Utah Valley University. The documentary centers on Salim Hamdan, a Yemeni citizen and former driver for Osama Bin Laden, and his brother-in-law,  Abu Jandal, a former member of Al Qaeda and bin Laden bodyguard. Hamdan ended up in the U.S. military detention center at Guantanamo Bay, Cuba – which is still open and operating in 2011, and “home” to approximately 170 detainees.  

Over the course of two years, Laura Poitras traveled back and forth to Yemen to collect footage and interviews for “The Oath.”  Ms. Poitras, who had been on the government’s “terrorist watch list” since the filming of her Iraq-based documentary “My Country, My Country,” was routinely interrogated regarding her frequent travels to Yemen. She finally ended up on the FBI’s “No Fly” list, and it took several calls to her attorneys and the ACLU before she was allowed to board her flight to attend an international film festival.   

In fact, it through her experience as a target of the U.S. government’s “War on Terror” policies that Ms. Poitras met and become friends with the ACLU’s Jameel Jaffer, who has been fighting to turn a national and international spotlight on those very policies since their initial enactment. 

During his visit to Salt Lake, Mr. Jaffer will be delving further into these problematic post-9/11 U.S. policies and practices.

On Thursday, October 27, Mr. Jaffer will address the public, free of charge, on the campus of the University of Utah. His presentation, which will be held in Dumke Auditorium in the Utah Museum of Fine Arts, beginning at 10:45 a.m. and concluding at noon, is entitled, “What is the War on Terror…and Are We Still Fighting It?” In this talk, Mr. Jaffer will addressing such issues as extrajudicial killings, extraordinary rendition and indefinite detention.

On Saturday, October 29th, Mr. Jaffer will present “Our New Normal: National Security, Civil Liberties and Human Rights 10 Years After 9/11” at the Khadeeja Islamic Center. This event is presented in partnership with the Islamic Society of Greater Salt Lake, and is free and open to the general public. There will be ample time for questions and discussion, and we strongly encourage you to take advantage of Mr. Jaffer’s prodigious knowledge, experience and expertise during his stay in Salt Lake.

ACLU Of Utah Responds To Use of Batons, Pepper Spray By Police On Haka Dancers at Roosevelt H.S. Football Game

Posted 10/24/11 - News reports and video’s posted on Youtube have brought to the ACLU of Utah’s attention that on Thursday, October 20, 2011, officers from the Roosevelt Police Department used pepper spray and batons on a group of people performing a Haka Dance at the conclusion of the Roosevelt High School football game.

According to published news reports, the Roosevelt Police Department is conducting an investigation into the incident. The ACLU of Utah is deeply troubled by the images and accounts of the incident, and we have written to the Roosevelt Police Department requesting that we are sent a copy of any report that results from that investigation.

In our letter we expressed our hope that the Police Department will conduct “a fair, comprehensive, and unbiased investigation into this matter, that to the extent that your report reveals wrongdoing, those who are deemed to have used excessive and unwarranted force are held accountable, and that training will be provided to your force to ensure that another incident like this is never repeated."

Accordingly, we encourage anyone with information regarding the incident to report it to the Police Department, so that they have an opportunity to assess the information and respond appropriately. At the same time, we encourage those with first hand knowledge of the incident to share that information with us, so that we can adequately monitor the situation as well. Our online law enforcement complaint form can be filled out here >>

Read the ACLU of Utah letter to the Roosevelt Police Department >>

Protecting The Right To Peacefully Assemble

Occupy Salt Lake City began on Thursday, October 6, with a march from the State Capitol through downtown to Pioneer Park where a tent encampment was set up and continues today.

The ACLU of Utah has been communicating with the SLCPD as well as the City of Salt Lake to ensure that Occupy SLC's peaceful assembly at, and occupation of Pioneer Park, will continue without government infringement.  So far the City has been issuing 24 hour permits, granting the demonstrators the right to peacefully occupy the Park.  The City has confirmed to the ACLU of Utah that  the protestors’ permits to occupy Pioneer Park will continue to be renewed on a daily basis so long as the movement remains nonviolent.

The ACLU of Utah is thrilled about the commonsense cooperative approach the City and the Police Department have taken with respect to Occupy SLC to date, and we are hopeful this approach will continue over the duration of the occupancy.  However, should the dynamic change, the ACLU of Utah will be ready.  As a precaution, we have coordinated with the Utah Association of Criminal Defense Layers (UACDL) to develop a list of its members who have volunteered their services (or in some cases offered their services at a reduced fee) to those arrested or charged with crimes as a result of their participation in the occupancy.  The ACLU of Utah is very grateful to those members of the UACDL for their generous offer and their preparedness, and also appreciative of the UACDL's efforts to develop such a great list of attorneys.

Finally, we are also very excited to announce the first-ever ACLU of Utah Free Speech Hotline.  This hotline will accept calls 24 hours a day, over the duration  of the occupancy, so any potential First Amendment violations that may arise can be documented.  Opening this line will help the ACLU of Utah to monitor the situation and evaluate how we can best be of assistance.  Accordingly, if you experience or observe a violation of First Amendment rights, please report the incident to (801) 893-2198 or aclu@acluutah.org. With any luck there will be no Constitutional violations to report.

2011 Utah Legislative Report

During the 2011 session the ACLU of Utah:

• Was responsible for getting an important piece of legislation passed: a bill to protect the right of domestic violence victims to be free from eviction or other harassment for calling law enforcement.
• Was instrumental in halting or neutralizing harmful legislation on at least 10 occasions.
  Tracked and engaged in lobbying efforts on more than 50 bills.
• Responded to numerous requests by lawmakers, government officials, community partners and the media for information as to the constitutionality of bills.
• Attended more than 20 committee hearings.
• Testified against or in support of bills in 13 committee hearings.
• Distributed numerous letters, fact sheets and/or reports to members of the Utah Legislature regarding the constitutionality of proposed legislation, including 6 letters to the governor urging veto or signature.
• Participated in ongoing meetings with and mobilized coalition groups to influence potential legislation in the following areas: immigration, criminal justice, racial justice, reproductive freedoms and voting rights.
• Hosted 2 citizen lobby training's.

Read the full report at http://www.acluutah.org/2011legreport.htm

TAKE ACTION: Ask Your Senator To Vote No On HB 191

Keep In-State Tuition For All Utah Residents

Contact Your Senator And Tell Them To Oppose
H.B. 191, "Nonresident Tuition Waiver Amendments" 

HB 191, would amend Utah's current law allowing for students to pay instate tuition if they attend and graduate from a Utah high school. The amended bill would require students to provide proof of filing state income tax, even though many families might not earn enough to be required to file taxes. Please contact your Senator and encourage them to oppose this bill.

Read the ACLU of Utah testimony before the House Revenue and Taxation Committee (PDF) >>
Read a Deseret News Article >>
Read a Tribune Article >>

Talking Points:

Utah's current law is critical to promoting fundamental fairness in access to public higher education for talented, high achieving young people who are able to gain admission to our public colleges and universities, regardless of their immigration status.

• There is no need to change existing law, which has been in place since 2002, and works well to provide students who have attended and graduated from high school in our state the opportunity to attend university at a reduced rate. Erecting additional barriers to obtaining instate tuition means that many students may no longer be able to attend college at all.
  
  
• Denying these students access to affordable college education is short-sighted because they are likely to remain in the United States and may well regularize their immigration status under current or future federal laws.
  
  
• Providing in-state tuition to Utah high school graduates at public colleges and universities promotes economic growth and increases opportunities. College graduates who are likely to remain in Utah earn higher wages, and therefore generate significantly more in income, sales, and property taxes. Their increased earning power and disposable income stimulate growth in our state's economy. A better educated population also increases competitiveness in the global economy.
  
• Denying higher education access to undocumented students means failing to capitalize on Utah's investment in their K-12 education. Many of the undocumented students already educated in the K-12 public school system come from impoverished backgrounds and would not otherwise be able to attend college or university without in-state tuition.

  Find your Senator >>

  Utah State Senators
  Stuart Adams - jsadams@utahsenate.org
  Curtis Bramble - cbramble@utahsenate.org
  Chris Buttars - dcbuttars@utahsenate.org
  Allen Christensen - allen_christensen@hotmail.com
  Gene Davis - gdavis@utahsenate.org
  Margaret Dayton - mdayton@utahsenate.org
  Lyle Hillyard- lhillyard@utahsenate.org
  David Hinkins - dhinkins@utahsenate.org
  Scott Jenkins - sjenkins@utahsenate.org
  Pat Jones - pjones@utahsenate.org
  Peter Knudson - pknudson@utahsenate.org
  Dan Liljenquist - dliljenquist@utahsenate.org
  Mark Madsen - mmadsen@utahsenate.org
  Karen Mayne - kmayne@utahsenate.org
  Ben McAdams - bmcadams@utahsenate.org
  Karen Morgan - kmorgan@utahsenate.org
  Wayne Niederhauser - wniederhauser@utahsenate.org
  Ralph Okerlund - rokerlund@utahsenate.org
  Luz Robles - lrobles@utahsenate.org
  Stuart Reid - screid@utahsenate.org
  Ross Romero - rromero@utahsenate.org
  Howard Stephenson - hstephenson@utahsenate.org
  Dennis Stowell - dstowell@utahsenate.org
  Daniel Thatcher - dthatcher@utahsenate.org
  Stephen Urquhart - surquhart@utahsenate.org
  John Valentine - jvalentine@utahsenate.org
  Kevin Van Tassell - kvantassell@utahsenate.org
  Mike Waddoups - mwaddoups@utahsenate.org

Governor Herbert Urged to Veto Immigration Bills

The ACLU of Utah issued a statement calling on Governor Herbert to veto HB 497 (Immigration Enforcement) and HB 116 (Guest Worker Program), which recently passed the Utah State Legislature.  These bills are contrary both to federal immigration laws and to the principles set forth in the Utah Compact.

Read the ACLU of Utah press release (PDF) >>

Transparency in government

This session of the state legislature was supposed to be about greater transparency in government. From the election of the new Speaker, to the process of letting bills come to the House and Senate floors for debate. But on Friday the idea of a transparent government was ignored with the passage of H.B. 477, Government Records Amendment, which greatly narrows the path of citizens to gain access to public records, through GRAMA, Government Records Access Management Act. The irony is that this bill was not released until the very end of the session, leaving very little opportunity for the public to weigh in. It only took 48 hours to get H.B. 477 introduced, passed out of committee with a favorable recommendation, heard in both houses, and prepared for the signature of the Governor. This just goes to show that if our lawmakers really want to get something done, they can. It’s sad to see our legislators ignore democracy and reverse years of progress toward a more reliable, honest, transparent government. Let hope our Governor is willing to take a stand and veto this undemocratic legislation. 

TAKE ACTION: Tell Governor Herbert to Keep Government Transparent and Accountable

Keep Government Transparent and Accountable
Governor Herbert Please Veto H.B. 477

Email or Call Governor Herbert's Office Today!

This bill passed through the legislature rapidly last week and has been sent to Governor Herbert. We must ask him to veto this bill and keep Utah government transparent and accountable. Find the contact information for Gov. Herbert >>

Read the ACLU of Utah's letter >>
Read a Salt Lake Tribune article >>
Watch a KSL news story >>

General description of bill:

This bill attempts to erect serious roadblocks to the public’s access to governmental records. Among other provisions, H.B. 477, "Government Records Amendments" would raise costs for the public to access records, create new exceptions to when governmental records have to be released to the public, and exempt a variety of electronic communications from the definition of a “record” under GRAMA, including: (i) voice mails and recordings and transcripts of voicemails; (ii) instant messages, video chat recordings, and text messages, and would generally reduce transparency in government.

Talking Points:

* The bill will would repeal GRAMA’s critical legislative intent section, which for nearly 20 years has provided valuable guidance to government officials, the State Records Committee, and the courts in interpreting and applying GRAMA’s many complex provisions consistent with the Legislature’s expressed intent and declaration of public policy.

* The bill greatly expands the ability of government entities to charge fees and costs for responding to GRAMA requests, and reduces the ability of the news media and public interest requesters to obtain fee waivers. This will seriously inhibit the ability of the public to access documents to which they are entitled.

* The bill broadens several existing GRAMA exceptions and adds others, making a substantial amount of government information that is now public off-limits to the public.

* The bill allows government entities to request an indefinite amount of time in which to respond to certain GRAMA requests, which would have the effect of limiting the public and news media’s access to relevant and timely governmental information.

* This bill would abolish a fundamental principle of GRAMA, which is that access to records should not depend on the physical form of the record, but rather on its content; if the content is related to the public’s business and not otherwise classified as nonpublic, then it should be freely accessible to the public, regardless of whether it is a voice mail, text message or traditional paper record.

* The bill would opt the Legislature out of several key provisions of GRAMA. Allowing the Legislature to opt out of significant portions of GRAMA would violate the very purpose of the law and would raise the prospect of inconsistent rules and public access.

Find the contact information for Gov. Herbert >>

Keep Government Transparent and Accountable - Vote No On H.B. 477

Senate Rules Committee Hearing Will Review
H.B. 477, "Government Records Amendments,"
That Would Reduce Transparency In Government

Show your support for open government that is accountable to the people by coming to the hearing this afternoon, Friday, March 4, at 3:00 p.m.
in Room 415 at the State Capitol!
Information about the Senate Rules Committee Hearing >>

Email Senate Rules Committee members listed below and your own Senator.
Ask them to vote no on H.B. 477!

General description of bill:

This bill attempts to erect serious roadblocks to the public’s access to governmental records. Among other provisions, H.B. 477, "Government Records Amendments" would raise costs for the public to access records, create new exceptions to when governmental records have to be released to the public, and exempt a variety of electronic communications from the definition of a “record” under GRAMA, including: (i) voice mails and recordings and transcripts of voicemails; (ii) instant messages, video chat recordings, and text messages, and would generally reduce transparency in government.

Talking Points:

* The bill will would repeal GRAMA’s critical legislative intent section, which for nearly 20 years has provided valuable guidance to government officials, the State Records Committee, and the courts in interpreting and applying GRAMA’s many complex provisions consistent with the Legislature’s expressed intent and declaration of public policy.

* The bill greatly expands the ability of government entities to charge fees and costs for responding to GRAMA requests, and reduces the ability of the news media and public interest requesters to obtain fee waivers. This will seriously inhibit the ability of the public to access documents to which they are entitled.

* The bill broadens several existing GRAMA exceptions and adds others, making a substantial amount of government information that is now public off-limits to the public.

* The bill allows government entities to request an indefinite amount of time in which to respond to certain GRAMA requests, which would have the effect of limiting the public and news media’s access to relevant and timely governmental information.

* This bill would abolish a fundamental principle of GRAMA, which is that access to records should not depend on the physical form of the record, but rather on its content; if the content is related to the public’s business and not otherwise classified as nonpublic, then it should be freely accessible to the public, regardless of whether it is a voice mail, text message or traditional paper record.

* The bill would opt the Legislature out of several key provisions of GRAMA. Allowing the Legislature to opt out of significant portions of GRAMA would violate the very purpose of the law and would raise the prospect of inconsistent rules and public access.

Information about the Senate Rules Committee Hearing >>

Find your Senator >>

Please email committee members and ask them to keep government transparent and accountable and vote no on H.B. 477!

Senate Rules Committee
Sen. Margaret Dayton, Chair - mdayton@utahsenate.org
Sen. D. Chris Buttars - dcbuttars@utahsenate.org
Sen. Patricia W. Jones - pjones@utahsenate.org
Sen. Peter C. Knudson - pknudson@utahsenate.org
Sen. Daniel R. Liljenquist - dliljenquist@utahsenate.org
Sen. Mark B. Madsen - mmadsen@utahsenate.org
Sen. Karen Mayne - kmayne@utahsenate.org
Sen. Kevin T. Van Tassell - kvantassell@utahsenate.org

End of Committee Hearings This Session

Wednesday at the Capitol was the last day of committee hearings. This means there will no longer be public testimony on any bills. Some of the bills that were voted out of committee on Tuesday are the three anti-choice bills.  H.B. 171, Abortion Clinic Licensing, H.B. 353, Abortion Freedom of Conscience, and H.B. 354, Insurance Amendment Related to Abortions, all passed out of committee with a favorable recommendation. These bills are now set for debate on the house floor and will likely be heard on Thursday. 

On the immigration front, new bills continue to appear, including H.B. 466, Migrant Workers and Related Commission Amendments and a new version of H.B. 70, set to be revealed later this week.

There are only 6 days left in this session, we are counting down the days!

Instate tuition: The debate goes on.

Instate tuition for undocumented residents of Utah, has been a subject of great debate since Utah implemented the policy in 2002.  H.B. 191, Nonresident Tuition Waiver Amendments, will repeal the ability for undocumented college students who live in Utah to pay instate tuition. Thursday, H.B. 191 came to the House floor for a debate. During the debate, it became clear that many legislators, including several republicans, have issues with the bill.  Rep. Wright proposed an amendment to the bill that would require students to provide proof of payment of taxes for the previous year, by either the student, or the parent or legal guardian of the student. The amendment passed in dramatic fashion.  Because the vote on the amendment was so narrow, all Representatives were called back to the House floor for the vote. Rep. Kiser proposed another amendment that would extend the requirement of proof of payment of taxes to three years. In an attempt to stop this amendment and end the debate on H.B. 191, Rep. Wimmer, the bill sponsor, circled the bill. Nonetheless, Rep. Wimmer can uncircle the bill at any time, bringing H.B. 191 back to the floor for debate and a vote. Keep an eye on this bill as it could move at any moment. 

Senate Version of a Guest Worker Permit Would Violate Constitution

A Senate Committee passed out S.B. 60 S, "Pilot Accountability Permit Program and Identity Related Amendments," that would allow undocumented individuals in Utah to work. Despite its many constitutional flaws, this bill now heads to the Senate floor for debate. Marina Lowe, Legislative and Policy Council with the ACLU of Utah, testified in opposition to the bill before the Senate Judiciary, Law Enforcement, and Criminal Justice Committee on Wednesday, February 23. 

Read the ACLU of Utah testimony >>
Read a Deseret News article >>
Read a KSL article >>
Read a SL Tribune article >>

Bill Threatens In-State Tuition for Some Utah Residents

Despite testimony by Marina Lowe, Legislative and Policy Counsel for the ACLU of Utah, urging members to vote against it, H.B. 191 “Nonresident Tuition Waiver Amendments” passed out of the House Revenue and Taxation Committee, on Friday, February 18, with a 10 - 5 vote. It will next be debated on the floor of the Utah House of Representatives before a full vote. Please contact your Representative and encourage them to oppose this bill. 

Read the ACLU of Utah testimony (PDF) >>
Read ACLU of Utah talking points and take action >>
Read a Deseret News Article >>
Read a Tribune Article >>

Immigration Legislation

Friday was a disappointing day at the Capitol on the immigration front.  H.B. 70, the Arizona copycat bill, passed out of the House of Representatives, with a vote of 58-15. H.B. 70, the enforcement-only, racial profiling bill, will now move to the Senate. Hopefully Utah Senators will be more aware of the dangers of this legislation and will move to block its progress in the Senate. We encourage all Utahns who oppose this bill to contact your Senators and tell them why they should vote no on H.B. 70.  Our talking points and testimony on H.B. 70 can be found at www.acluutah.org.

The ACLU of Utah also testified in a committee hearing on Friday morning to urge members of the House Revenue and Taxation Committee to vote against a repeal on instate tuition for undocumented students, H.B. 191.  Unfortunately, the committee voted to pass the measure out for debate on the House floor.  Stay tuned for more information on this bill.

Keep In-State Tuition For All Utah Residents

Stop H.B. 191, "Nonresident Tuition Waiver Amendments" 

H.B. 191, "Nonresident Tuition Waiver Amendments" will be heard in the House Revenue and Taxation Committee tomorrow morning. This bill seeks to repeal the current Utah law allowing non-citizens to be eligible for in-state tuition if they attended a Utah high school for three years or more, and graduated from a Utah high school. Please contact committee members and tell them to VOTE NO on H.B. 191.

Talking Points:

Utah's current law is critical to promoting fundamental fairness in access to public higher education for talented, high achieving young people who are able to gain admission to our public colleges and universities, regardless of their immigration status.

• Denying these students access to affordable college education is short-sighted because they are likely to remain in the United States and may well regularize their immigration status under current or future federal laws.
  
• Providing in-state tuition to Utah high school graduates at public colleges and universities promotes economic growth and increases opportunities. College graduates who are likely to remain in Utah earn higher wages, and therefore generate significantly more in income, sales, and property taxes. Their increased earning power and disposable income stimulate growth in our state's economy. A better educated population also increases competitiveness in the global economy.
  
• Denying higher education access to undocumented students means failing to capitalize on Utah's investment in their K-12 education. Many of the undocumented students already educated in the K-12 public school system come from impoverished backgrounds and would not otherwise be able to attend college or university without in-state tuition.

House Revenue and Taxation Committee
Committee Chairman Rep. Patrick Painter (R), Email: ppainter@utah.gov
Rep. Joel K. Briscoe (D), Email: jbriscoe@utah.gov
Rep. Mel Brown (R), Email: melbrown@utah.gov
Rep. David G. Butterfield (R), Email: dbutterfield@utah.gov
Rep. David Clark (R), Email: dclark@utah.gov
Rep. Tim M. Cosgrove (D), Email: tcosgrove@utah.gov
Rep. John Dougall (R), Email: jdougall@utah.gov
Rep. Susan Duckworth (D), Email: sduckworth@utah.gov
Rep. Julie Fisher (R), Email: jfisher@utah.gov
Rep. Gage Froerer (R), Email: gfroerer@utah.gov
Rep. Wayne A. Harper (R), Email: wharper@utah.gov
Rep. Eric Hutchings (R), Email: ehutchings@utah.gov
Rep. Brian King (D), Email: briansking@utah.gov
Rep. Merlynn T. Newbold (R), Email: merlynnnewbold@utah.gov
Rep. Jim Nielson (R), Email: jimnielson@utah.gov

Unconstitutional Guest Worker Bill Passes House Committee

Posted 2/16/11 - H.B. 116, "Guest Worker Program Act," passed out of  the House Workforce Services and Community and Economic  Development Committee yesterday after a vote of 6 to 1. Esperanza  Granados, Public Policy Advocate for the ACLU of Utah, testified  before the committee warning that the bill violates the 4th, 5th and  14th amendments to the U.S. Constitution.  Read the full ACLU of Utah testimony (PDF) >> Read a Deseret News article on the bill >> Listen to a KUER radio story about the bill >>

Arizona Copy Cat Bill Advances Out of Committee

Posted 2/16/11 - Marina Lowe, Legislative & Policy Counsel with the ACLU  of Utah, advised the House Law Enforcement and Criminal Justice  Committee of the dangers of enacting H.B. 70, "Illegal Immigration  Enforcement Act," modeled on the controversial Arizona law SB 1070.  Unfortunately, the bill passed out of committee and will now be debated on  the House floor.  Read the ACLU of Utah testimony (PDF) >> Read the ACLU of Utah talking points and action alert >>

Equal Opportunity

Posted 2/14/11 - Listen to KRCL's RadioActive broadcast from Friday, 2/10, on Affirmative Action. Marina Lowe, legislative and policy counsel at the ACLU of Utah, joins Barry Gomberg, the director of affirmative action and equal opportunity at Weber State University, and Kim Hall, the assistant director of the Women's Resource Center at the University of Utah to discuss their predictions for the legislative session and the impact if a proposed constitutional amendment to exempt the state from federal affirmative action laws were to pass.

Listen to the show >>

Read the ACLU of Utah's talking points on the legislative challenge to equal opportunity programs (PDF) >>

"Improperly motivated," Senator Urquhart's SB 55 would "compromise commerce and the government in Utah"

Posted 2/10/11 - The ACLU of Utah and cooperating attorney Brent V. Manning, who jointly represented independent candidate for governor Farley Anderson in the landmark case Anderson v. Bell, spoke today in opposition to a bill proposed by Senator Stephen Urquhart (SB 55, "Electronic Signatures") that would greatly restrict the ability of courts and all other "government agencies" to accept otherwise legal "e-signatures" from Utah residents and others. In an interview with Etopia News, Manning observed, "[U]nder the terms of S.B. 55, in order for a Utah court to enforce a contract sealed with an electronic signature, it would need to engage in a 'rule-making process' which, as a court, it is not able to do, since its function is to decide cases, not make rules. Thus, no electronic signature, or online purchase, or other electronically-agreed-to contract could be enforced in Utah courts. S.B. 55 'would completely invalidate all electronic transactions in Utah . . . . Every government department would have to engage in rule-making that would paralyze the process.'"

Find out which Senators are on the committee considering SB 55 >>

Read the full Etopia article here >>

Read more about Anderson v. Bell here >>

TAKE ACTION: Stop H.B. 70, "Illegal Immigration Enforcement Act"

Rep. Sandstrom's HB 70, "Illegal Immigration Enforcement Act," is going to be heard in the House Law Enforcement and Criminal Justice Committee tomorrow at 2pm (PM/ Room 30 in the House Building). Show up early to fill the committee room.

Contact the representatives who will be at the hearing and tell them to VOTE NO on the Arizona copycat bill!

Use these talking points in your communication with the Committee members.

HB 70 Talking Points:

HB 70, modeled on Arizona’s SB 1070, requires law enforcement to act as federal immigration officers and to rely on “reasonable suspicion” to determine immigration status. This approach is harmful to our communities, our citizens and the rule of law. It invites racial profiling, creates divisiveness within our community and diverts valuable resources away from other legitimate law enforcement efforts.

Immigration policy has always been within the jurisdiction of the federal government. Legislation that creates immigration policy at the state and local levels is vulnerable to challenge in the courts.

We are not certain of the overall economic impact of immigration in Utah. We must not be hasty to implement laws that could have a negative impact on our already faltering economy. The experiences of other states such as Arizona tell us that this sort of legislation has a clear negative impact on the economy.

Please VOTE NO on HB 70!

Find out which Representatives are on the House Law Enforcement and Criminal Justice Committee (Click on Committee Membership in the left hand column) >>

Read some general ACLU of Utah talking points on immigration legislation (PDF) >>

Busy Week At The Capital

Wednesday at the Capitol for The ACLU of Utah was supposed to be a busy day filled with committee hearings. Accordingly, we worked to prepare testimony and rally concerned citizens to attend hearings and voice opposition to very damaging legislation.  However, in the early part of the morning it soon became clear that things had changed.

H.B. 70, Rep. Sandstrom’s bill modeled on Arizona’s SB 1070, was supposed to be heard in committee on Wednesday afternoon. At the last minute, this bill was removed from the committee’s agenda. There are many problems with H.B. 70, but the enormous fiscal note attached to his bill might be what caused Rep. Sandstrom to hold off on a hearing. The fiscal note puts an $11.3 million dollar burden on local governments and law enforcement. The bill will now be heard tomorrow in the House Law Enforcement and Criminal Justice Committee. Please attend and voice your concerns about this harmful bill.

S.B. 138, sponsored by Sen. Urquhart is titled “Driver license qualification amendments,” and would eliminate the driver privilege card.  The bill was heard in the Senate Transportation and Public Utilities and Technology Committee yesterday, and resulted in an interesting debate. Sen. Bramble openly opposed S.B. 138, joining others who believe the driver privilege card is a safe way to have information regarding who is driving on Utah roads, and to provide a means for all drivers to have car insurance. Unfortunately the committee passed S.B. 138 with a favorable recommendation. Now the bill moves to the Senate floor for debate.

Good news in the Capitol came as S.B. 152, Sex Offender Restriction Amendments, was tabled which means it will not be heard on the floor this session. Another piece of good news is that H.B. 182, a bill that would void any contract, arrangement or transaction if found to be against public policy, was pulled from the agenda in the House Judiciary Committee yesterday.

Stay tuned for more information on these bills and many more. We will remain vigilant in lobbying against bills that are unconstitutional and unnecessary, and we will continue to support legislation that protects the civil liberties of all Utahns. 

Legislative Updates and Action Alerts

Rep. Chrsitensen's HB 18, "Voiding Transactions Against Public Policy," will be heard tomorrow in the House Judiciary Committee at 4pm. Should the state of Utah be interfering with YOUR right to contract? Tell the representatives to VOTE NO on HB 182!

Find out which Representatives are on the Committee (Click on Committee Membership in the left hand column) >> 

Rep. Sandstrom's HB 70, "Illegal Immigration Enforcement Act," is going to be heard in the House Law Enforcement and Criminal Justice Committee tomorrow at 4pm (PM/25 House Building). Show up early to fill the committee room. Contact the representatives who will be at the hearing and tell them to VOTE NO on the Arizona copycat bill!

Find out which Representatives are on the Committee (Click on Committee Membership in the left hand column) >>
Read some ACLU talking points on immigration legislation (PDF) >> 

Senator Dayton's SB 44, "State Commission Amendments," is headed for the House. This dangerous bill restricts the ability of the Constitutional Revision Commission (CRC) to make recommendations about proposed constitutional amendments. Is this retribution for the CRC's consideration of the affirmative action bill last year? Contact your representative now and tell them to VOTE NO on SB 44!

Read a Salt Lake Tribune Op Ed >>

Keeping You Informed

Today was an incredibly disappointing day at the Capital. S.B. 62, an adoption bill that would allow for second parent adoption, was tabled in the Senate Health and Human Services Committee. This bill would have made it possible for an unmarried adult to adopt the biological or legally adopted child of his or her cohabitating partner. With so many children living in Utah without parents, it is extremely sad to see the legislature act against such needed legislation. We will continue to strive for equal rights for all Utahns, including the right to live with whomever one chooses and to raise a family. 

Immigration Reform in Utah

Monday, January 24, 2011 marked the beginning of the 59^th General session of the Utah State Legislature. The opportunities that rest in the hands of our elected officials are extraordinary. What happens during this general session of the legislature will affect people’s lives for years to come. The question is whether that effect will be positive or negative.

There are many issues facing the State Legislature in 2011. From immigration to health care reform, education to taxes, equal opportunity to reproductive freedom. These issues are not without debate. More often than not, we see these issues become heated and divisive. The tone with which these issues are discussed is important. Our representatives have the opportunity to showcase their great talent and intellect in the State Legislature, but also to keep the political rhetoric civil and respectful, as well as protect the civil liberties of all Utahns.

One issue that has not only been a subject of intense debate in our state but also nationally, is immigration. ACLU of Utah maintains that immigration reform is a federal issue. However it is clear that the State of Utah is addressing its concerns about immigration, legislatively.  In 2006, The U.S. Immigration Report estimated that Utah is home to more than 200,000 immigrants, representing Mexican, Canadian, Vietnamese, Chinese, Polynesian, El Salvadorian, Korean, Yugoslavian, and other communities. These are people who have invested in Utah values. They want to give their families the same great opportunities we enjoy as Utahns. Within the issue of immigration are the complexities of family, education, economy and health care. As Utahns, we expect our elected officials to use both the rule of law and compassion when debating immigration and protecting the civil liberties of all Utahns. We already know the direction Arizona took in dealing with immigration. The question remains whether Utah will choose a different, more respectful path in regards to the civil liberties of immigrants in Utah.

In our state there are also undocumented immigrants who are in desperate pursuit of a better life. Most undocumented immigrants are searching for a better existence in a nation that will afford them the opportunities to learn, work, and raise their families with dignity. It is important to remember that undocumented immigrants also enjoy some constitutional civil liberties. No matter the immigration legislation that comes out of the 2011 general session of the Utah State Legislature, those civil liberties must be respected, maintained, and protected.

Everyone living in Utah today is touched in some way by immigration. Immigrants to this state learn with us in our schools, worship with us in our churches, and work with us in our jobs. They play on our sports teams and dance with us in our recitals. They live in our neighborhoods and are very much a part of our communities. What happens to them happens to the rest of us. That’s why citizens should speak up and reach out to their representatives and senators and tell them that damaging immigration legislation is damaging to every Utahn.

Immigration is just one of the many issues facing debate in the State Legislature this year. When dealing with immigration, it is our hope that each State Senator and State Representative will choose to protect the civil liberties of all Utahns.

Join us for the ACLU of Utah Citizen Lobbyist Training

January 20, 2011,
6:00-7:30 p.m.
At the ACLU of Utah office
355 North 300 West
Salt Lake City

Join us at the ACLU of Utah offices to learn how to lobby your legislators on issues that are important to you and to the ACLU.
We will discuss:

• How the legislature works.
• How citizens can have an impact on their elected representatives.
• Issues that the ACLU of Utah will be following this legislative session.

Learn how you can be an ACLU citizen lobbyist!
Refreshments will be served.
Please RSVP by calling Reinard at 801-521-9862 ext. 101 or email aclu@acluutah.org
An overflow parking lot is accessible through the driveway on
the south side of the ACLU office building.

The ACLU of Utah Legislative Activist

Since 1958 the ACLU of Utah has strived to protect the constitutional rights of all Utahns through public education, legal advocacy, litigation, and lobbying at both the state and local levels.

The decisions made during the annual session of the Utah State Legislature have a lasting impact on our communities. As new laws are created and others repealed and rewritten, it is important to ensure that these changes strengthen rather than compromise our constitutional rights. During each session, and throughout the year, the ACLU of Utah addresses a wide range of issues, and our organizing and lobbying efforts are aimed at educating lawmakers and the public about the civil liberties implications of the proposed bills.