(b) | a child of the undocumented individual if the child is:(i) | under 21 years old; and |
(ii) | unmarried. See Utah Code 63G-12-102Permit: means a permit issued under 2, and includes:(a) | a guest worker permit; and |
(b) | an immediate family permit. See Utah Code 63G-12-102Program: means the Guest Worker Program described in Section 63G-12-201. See Utah Code 63G-12-102Undocumented individual: means an individual who:(a) | lives or works in the state; and |
(b) | is not in compliance with the Immigration and Nationality Act, 8 U. See Utah Code 63G-12-102United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 |
(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 |
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(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. |
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(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. § 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. |
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(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). |
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(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:
(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. |
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(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. |
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(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. |
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(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. |
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Enacted by Chapter 18, 2011 General Session
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