On July 1st, 2009, when Utah’s Senate Bill 81 (or “SB81”) took effect, undocumented immigrant workers across the state instantly had a lot more to worry about. Since then, many immigrants have been deported for minor offenses, such as having an open container of alcohol or speeding. The deeper result, of course, has been an overall increase in the feelings of fear and terror instilled in the hearts and minds of the immigrant community all over the state.

The components of SB81 include some of the most draconian anti-immigrant measures since President Eisenhower’s racist  “Operation Wetback” was put into effect in the 1950s to forcefully “repatriate” Mexican immigrants. They include use of an E-Verify system that sends Social Security numbers given for employment to Homeland Security, FBI, and other government agencies to match them against federal databases. Also, according to the law, if an immigrant is picked up on a driving infraction and held in jail for 24 hours, the police department is allowed to start deportation proceedings. This also applies for “moral turpitude” (which is not defined as anything specific) or previous felony convictions.

Other provisions include barring undocumented immigrants from getting liquor licenses for restaurants and requiring day care licensing that verifies immigration status in order to run day cares. On top of everything else, it allows cities to cross-deputize police as Immigration and Customs Enforcement agents, although as of today, only Washington and Weber Counties have actually done this.

SB81 is a part of national campaign of anti-“illegal” immigrant bills that have swept the country in recent years. This specific form of the bill was copied almost exactly from an Oklahoma law called House Bill 1804 (or “HB1804”) which took effect in November 2007. The effects in Oklahoma have been telling. Since HB1804 took effect, sales for Latino businesses have fallen between 20% to 60%.  1,200 immigrants in Tulsa County alone have been deported and thousands more have left the state in fear.

Both laws are strikingly similar to Titles VI and VII of a bill that was introduced to Congress in 2005 known as the Border and Immigration Enforcement Act or the “Sensenbrenner Bill.” Announcement of the bill’s passage by the House and possible enactment by the Senate jump-started the immigrant rights movement, causing immigration marches and business boycotts to spread throughout the country, led by immigrant workers and their supporters, particularly Latinos and workers generally. Despite the movement’s leadership’s attempt to divert the struggle, massive mobilizations took place throughout the country and over a million immigrants and their supporters stayed home from work, refused to shop at businesses, and marched at capitol buildings on May 1, 2006. In Utah, one of largest demonstrations in state history was held, with 50,000 people marching to the State Capitol and blocking most of downtown State Street, a main street in Utah.

The following year, Immigration and Customs Enforcement (ICE) raids were intensified throughout the country, including Utah, creating a climate of fear. The divided leadership of the movement, comprised largely of middle class liberals and radicals, were unable and/or unwilling to mobilize immigrants for their rights. The rank and file leaders that emerged in the course of the struggle were swamped by the Democratic Party-backed non-profits and professional activists. These folks warned immigrants not to march, in order to avoid getting caught by ICE, and told  them to have relatives that were legally here to vote for Democrats and sometimes even gave false information as to when or if rallies were being held. The result was predictable. The next May 1st dwindled to not even half the size of the first, and the following year the marches virtually disappeared. This laid the groundwork for the right-wing assault immigrants now face.

On top of all this, the economic crisis hit, putting the fear of God into immigrants workers. Major unemployment became generalized, especially among immigrants, and scapegoating of immigrants for job losses became more rampant. This scapegoating has found a home in the right-wing populist movement that has gained considerable ground in Utah in recent years.  There is an increased political polarization to the left and right among people of all classes, though particularly of the middle class.

While business owners in Utah are divided over it, they are generally opposed to the law, as its all-too Draconian features are an impediment to the continuing super-exploitation of immigrant workers. The Utah Chamber of Commerce, the overall interfaith community (including the Mormon Church) and the Salt Lake City Police Department all oppose the law (to some degree or another) and the SLCPD and the Salt Lake County Sheriffs Office have gone so far as to refuse to enforce it. Clearly this bill was created to appease growing “white rage” over loss of jobs, the bankruptcy of the state government, and the overall economic crisis.

The employing class sows divisions between immigrant and “native” workers because they help decrease wages for all workers and worsen the working conditions for both. Right now, with Utah’s relatively low unionization rate, immigrant and “native” workers are in a “race to the bottom” for wages, conditions and employment. 

The key to ending this state of affairs is to be found in the unity of the working class, in building mass demonstrations of immigrant workers, the unions and workers generally, to demand an end to SB81 and all such legislation, and to demand immediate and unconditional legalization for all. Labor leaders need to immediately allow undocumented immigrants into the unions and actively organize them. Immigrants bring militant traditions from their home countries to the US labor movement and already make up over 12% of the unionized workforce. Massive inclusion will make for a more powerful Labor Movement. To this end, a mass unionization drive throughout the country should be carried out by all the unions of both major labor federations and by all the independent unions as well. Militant unions fighting for organizational and political class independence can be instruments for fighting back against the capitalist class and their repressive legislation.

Union leaders should break all support for the Democrats, a party that has sold out documented and undocumented workers alike, time and time again. Instead, we must fight to build a mass Labor Party to oppose both parties of Big Business. Part of this Labor Party’s program should be an immediate amnesty for all immigrants and their families and an end to all repressive legislation. Working people are the only force capable of leading the fight for an end to this system that breeds scapegoating, unemployment, exploitation and oppression.