2016 Utah Code
Title 63G - General Government
Chapter 12 - Utah Immigration Accountability and Enforcement Act
Part 2 - Guest Worker Program
Section 207 - Application and renewal process.

63G-12-207. Application and renewal process.

• (1) The department may not issue a permit under this part until the program is implemented under Section 63G-12-202.

• (2) The department shall:
  • (a) create a permit that:
    • (i) is of impervious material that is resistant to wear or damage; and
    • (ii) minimizes the risk that the permit may be forged, falsified, or counterfeited; and
  • (b) ensure that a permit:
    • (i) includes a photograph of the undocumented individual to whom the permit is issued;
    • (ii) prominently states the day on which the permit expires; and
    • (iii) prominently states the type of permit.

• (3) A permit expires two years from the day on which the department issues the permit.

• (4)
  • (a) Before an undocumented individual may apply for an initial permit under this part the undocumented individual shall commit to pay a fine equal to:
    • (i) $1,000, if the undocumented individual enters into the United States legally, but at the time of paying the fine is not in compliance with the Immigration and Nationality Act, 8 U.S.C. Sec. 1101 et seq. with regard to presence in the United States; or
    • (ii) $2,500, if the undocumented individual enters into the United States illegally.
  • (b) The department by rule made in accordance with Chapter 3, Utah Administrative Rulemaking Act, shall make rules that provide for:
    • (i) how an undocumented individual demonstrates a commitment to pay the fine required under Subsection (4)(a);
    • (ii) one or more payment plans that an undocumented individual may use to pay a fine required under Subsection (4)(a); and
    • (iii) the consequences for failure to pay the entire amount of a fine required under Subsection (4)(a).

• (5) After committing to pay the fine in accordance with Subsection (4), to apply for or renew a permit, an undocumented individual shall submit to the department, in a form acceptable under this part:
  • (a) an application;
  • (b) documentation of meeting the criteria in Section 63G-12-205 or 63G-12-206;
  • (c) for a renewal, documentation of efforts to comply with Section 63G-12-209;
  • (d) a signed statement verifying the information in the application and documentation; and
  • (e) a fee established by the department in accordance with Section 63J-1-504.

• (6) If an undocumented individual submits a complete application under Subsection (5) and the department determines that the undocumented individual meets the criteria of Section 63G-12-205 or 63G-12-206, the department shall issue or renew:
  • (a) a guest worker permit, if the undocumented individual qualifies under Section 63G-12-205; and
  • (b) an immediate family permit, if the undocumented individual qualifies under Section 63G-12-206.

• (7) An undocumented individual may appeal a denial of a permit under this section in accordance with Chapter 4, Administrative Procedures Act.

• (8)
  • (a) If a waiver, exemption, or authorization provides for the following, in addition to the requirements of Subsection (5), for an application to be considered complete for purposes of Subsection (6) an undocumented individual applying for a guest worker permit shall:
    • (i) post a bond with the department in the amount of $10,000 against which the department may bring an action for a violation of this part; or
    • (ii) provide written certification by the undocumented individual's country of origin in accordance with Subsection (8)(b) of a guarantee of compliance with this part.
  • (b)
    • (i) In accordance with Chapter 3, Utah Administrative Rulemaking Act, the department shall make rules providing for what the department would consider being a "guarantee of compliance" by a country of origin for purposes of Subsection (8)(a).
    • (ii) A rule made under this Subsection (8)(b) shall provide that the department may not accept a guarantee of compliance from a specific foreign country if the department determines a significant percentage of the guest workers who submit a guarantee of compliance from that foreign country cannot be located after or during the term of a guest worker permit.

Enacted by Chapter 18, 2011 General Session