So I got an email from Utah Gov. Spencer Cox yesterday. Actually, it wasn’t as big a deal as it sounds. I got the same email as everyone else on the list. I get similar mass emails from Burgess Owens, Mitt Romney, and John Curtis, and occasionally I get one from Mike Lee. I’ve had my differences with the governor on occasion, but he is one of two governors that I have not managed to tick off as a broadcaster and columnist.
This one caught my eye because it contained an assurance from Cox that Utah is not a sanctuary state and would not become one under his watch. Good to know, even though I was under the impression that my state was never a sanctuary state, but Cox set me straight. According to the email, the Salt Lake field office of Immigration and Customs Enforcement drafted a memo that said Utah is a sanctuary state for illegal immigration. Cox stated in part, “Utah is a state that welcomes legal immigrants, individuals who obey our laws and become integral parts of our communities. However, we must uphold our laws to ensure the safety and well-being of all who call our state home.” I concur.
I would like to chalk this up to a good old, run-of-the-mill federal SNAFU. Ah! Those were the days, right? Remember when all we had to worry about was an overpaid, underworked bureaucrat issuing mounds of paperwork and making dumb, tone-deaf decisions? Those were good times, but this is 2023, closing in on 2024. And as a certain, befuddled, and corrupt man whose preferred pronoun is POTUS would say, “C’mon, man!” Cox pointed out that when people in Utah, particularly the Beehive State’s sheriffs, raised their objections, ICE immediately walked it back and rescinded said memo.
A press release from Cox’s office contained a statement from the governor, Senate President J. Stuart Adams and House Speaker Brad Wilson, which said that ICE rescinded the memo after a meeting with Utah elected officials and that:
The border crisis, and the consequent increase in ICE detainees, represents a federal failure, not a state or local failure. Utah’s cities and local law enforcement officials are under no obligation to serve as a backstop for longtime immigration failures at the federal level. We certainly want to work constructively with our federal partners, but when ICE requirements become too onerous, Utah’s sheriffs are completely justified in declining to sign agreements with ICE. [sic]
The Utah Sheriffs’ Association issued its own release with some interesting details. The association stated that the memo was an attempt by ICE field director Michael Bernacke to make Utah a sanctuary state and “makes absurd claims that Utah sheriffs are responsible for destabilizing ICE’s law enforcement capabilities in Utah and surrounding states.” The association sees the move as an attempt by ICE to back away from enforcing immigration law and place the blame on the various county sheriff’s departments.
The association says that in addition to the governor’s office, the memo was sent to Utah’s congressional delegation, state legislators, and even political candidates, including Senate hopeful Riverton, Utah, Mayor Trent Staggs. The press release states that Staggs issued a press release of his own. According to KSL, excerpts from that release included the statement, “Over two-thirds of arrested illegal immigrants last fiscal year were released back into our neighborhoods due to a lack of cooperation from local authorities. Many of these individuals are repeat offenders of violent and sexual crimes.”
The Sheriffs’ Association called Staggs’ release “an uninformed attempt to score cheap political points.” Staggs said he was disappointed with the “name-calling,” adding:
Not once did I place blame on the county sheriffs nor am I condoning the ridiculously liberal policies of this Biden Administration that make a mockery of the rule of law. My statement was one based on hours of dialogue with ICE and other officials that understand the issue. This was done in my capacity as a mayor and not at all as a political candidate. I reaffirm my ask that our state leaders will back up our county sheriffs to ensure they have the resources and necessary protections they need.
In its release, the association said that over time, sheriffs who have had ICE contracts have to deal with “unending” lists of federal requirements that include over 700 pages of regulations not based on constitutional rights or even case law. Some of the requirements give preferential treatment to detainees that are not enjoyed by incarcerated U.S. citizens. Association president Mike Smith, Utah County Sheriff, told KSL that sheriffs are told what kind of lotion detainees can be given. The press release said that those sheriffs who have tried to work with ICE have faced audits from D.C. special interest groups and even threatened with lawsuits. That increased liability, not just on the sheriffs but also on Utah taxpayers, made it impossible for the sheriffs to house ICE detainees.
Sadly, the move by Bernacke comes as no surprise in 21st-century America. We’ve come to expect it from our government. And kudos to the Utah Sheriff’s Association and the Utah leaders who called Bernacke out. But if Staggs wants to claim the senate seat, perhaps he should pay closer attention to his constituents and give less credence to bureaucrats. Utah doesn’t need to trade one Romney for another.
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