Appeals court to examine HB 1804
A judge blocked some provisions of Oklahoma's immigration law; officials are appealing.
By ROBERT BOCZKIEWICZ
Last Modified: 6/20/2008 2:16 AM
DENVER A federal appeals court on Thursday opened a case for Oklahoma state officials to make an appeal in the legal battle over House Bill 1804, the state's controversial immigration law.
The 10th U.S. Court of Appeals also gave the Oklahoma attorney general's staff until July 3 to outline the issues it will challenge from a judge's recent decision blocking parts of the law.
“We'll pick out the parts we want to appeal” from U.S. District Judge Robin Cauthron's June 4 decision, said a spokeswoman for Attorney General Drew Edmondson. “We're still reviewing the ruling,” said Emily Lang, speaking from Oklahoma City.
Cauthron's injunction blocked enforcement of two sections of the law.
One section would require an employer to verify a worker's eligibility for employment within the United States before the employer could be eligible for state contracts. The other would require businesses to verify the work authorization status of individual independent contractors to avoid state penalties.
Those provisions were scheduled to go into effect July 1.
The attorney general's
staff filed notices of appeal earlier this week in Cauthron's court in Oklahoma City, which led to Thursday's opening of the case by the Denver-based appeals court.
The notices say that the defendants are appealing Cauthron's decisions granting the injunction and denying the defendants' request for her to dismiss the lawsuit challenging HB 1804.
The defendants include the governor, the attorney general and other state officials. They are represented by the attorney general's staff.
The U.S. Chamber of Commerce and several state chambers filed for an injunction in the state's Western District of federal court on Feb. 1, alleging that the challenged sections of the law are pre-empted by federal law and are unconstitutional under the supremacy clause of the U.S. Constitution.
Sections of the law that went into effect in November requiring proof of citizenship to receive certain government benefits and making it illegal to knowingly transport illegal immigrants were not affected by the temporary injunction.
The bill's author, Rep. Randy Terrill, R-Moore, could not be reached for comment on the development at the appeals court.
54 readers have commented on this story so far. Tell us what you think below!
Fish, (6/20/2008 4:59:36 AM)
Remember the U S Chamber of Commerce and the states Chambers. The will of the people seems to be ignored by the actions of the Chambers. The members of the Chambers are funding this assault on 1804. 1804 poses no threat to legal immigration or poses no threat to employers that employ legal immigrants.
IMO, (6/20/2008 5:44:10 AM)
Glad to hear the decision is being appealed.
If the federal agencies were willing and able to manage the problem, bills like 1804 would never have been developed. HB1804 and several other state bills have passed because the people are fed-up with the problems, lack of enforcement and lawbreaking employers.
The action of the Chambers may have stalled the state law, but it is still violation of federal law to employ illegal workers. There may be a few instances where employers believe some of their illegal workforce has a legal right to work here, but nearly all of our employers know that they are employing illegal workers.
Eliminating the jobs will go a long way in minimizing the problems. Oklahoma is not alone in wanting our employers to obey the law.
righton, (6/20/2008 7:45:09 AM)
just remember, the chambers of commerces are made up of businesses that use illegal aliens to avoid paying taxes. i wonder if the 10th circuit court of appeals judges can be bought off like the judge in Okla. or will those judges write their own rules instead of going by the constitution and the will of the majority of the people. Use to the majority ruled now the judges write their own laws. it always amazes me how 5 judges can interpret the constitution one way and 4 can interpret it a different way. the constitution is plain english. why do judges think they have to try to interpret it?
John BA, (6/20/2008 8:54:53 AM)
HB 1804 is a law contrary to the will of God. Read Leviticus 19
33 And if a stranger sojourn with thee in your land, ye shall not vex him.
34 But the stranger that dwelleth with you shall be unto you as one born among you, and thou shalt love him as thyself; for ye were strangers in the land of Egypt: I am the LORD your God.
Fruits&Nuts, (6/20/2008 8:59:47 AM)
Good thing our laws weren't written to reflect the bible. Wonder why? Reality 1:1
Bville Yellow Dog, (6/20/2008 9:16:36 AM)
1804 is being challenged because it is ILLEGAL – unconstitutional. Meanwhile OKIEhoma gets more bad national press.
Ralph, (6/20/2008 9:19:44 AM)
Now that E-Verify has been signed into law at a federal level, I would think that the injunction will have to be lifted. All 1804 does is force employers to follow the law of the land. It does not stop legal immigration, only “illegal immigration”.
As far as the Chambers of Commerce pushing this to the limit, it makes me stop and think where my money will be spent. If a store is a member of the COC, do they support and sponsor illegal immigration?
Graychin, Eucha (6/20/2008 9:24:57 AM)
Before the complaints about “librul” judges start pouring in, keep in mind that a judge's job is to follow the law. “Conservatives” forget that sometimes. The Supremacy Clause of the US Constitution means that a federal law not only can and must be enforced by state and federal judges, but state or local laws in contravention of it are null and void.
I don't have any idea about the Will of God. He hasn't said anything to me about it. But 1804 runs afoul of the Constitution. All you “strict constructionists” out there should keep that in mind.
Randy Terrill knows this too. He is the worst kind of demagogue.
Walkingstick, (6/20/2008 9:32:43 AM)
Under the Mosaic Law, a stranger was a temporay visitor and could not be a citizen unless the visitor was circumcised and was schooled iln the Mosaic Law. In other words the visitor had to observe the customs and religion if the visitor wished to have access to the rights and benefits of the Jewish nation. If you quote scripture, don't quote just part of the scripture and leave parts of the scripture out on purpose or through ignorance. The law was very specific about the requirements required of guests and visitors in order to become a citizen.
:), (6/20/2008 9:53:20 AM)
Bush's Executive Order only requires federal contractors to use E-Verify.
Remember Clinton's Exec Order 13166 (requiring every recipient of federal funds to provide access to services for Limited English Proficient individuals)?
Now wait a minute, didn't these same people argue that 13166 was just a suggestion and not really law? Interesting.
Perry, Sand Springs (6/20/2008 10:33:15 AM)
I support the overturning of the racist/bigotted HB1804.
Lawrence, Tulsa (6/20/2008 11:17:59 AM)
I agree, HB1804 is racist
Stonewall, (6/20/2008 11:33:03 AM)
The only racists are the anti-1804 forces. Appeals will throw out the injunction.
Let the deportations begin!!!!
:), (6/20/2008 11:39:04 AM)
Appeals won't work. This legislation is doomed. Just sit back and wait for the lawsuits challenging the remainder of the crippled house bill. Keep twisting in the wind you old coot!
Twist and shout, baby. :)
Stan, Tulsa (6/20/2008 11:40:08 AM)
I'd rather ship the workers here and get them for cheap than send the work to Argentina or India. At least some of the money stays here. Cheap jobs are better than no jobs.
Ralph, (6/20/2008 11:42:36 AM)
To all of you that think 1804 is racist, please explain? I don't see anything in the bill that implies race at all. It is strictly legal or illegal. It is not explicit towards any race. If you don't have a real answer, please do not respond.
michael andrew, (6/20/2008 11:45:52 AM)
1804 is not racist. it just makes illegal occupation of the state of oklahoma by unregistered aliens a punishable offense.
why is this a racist bill?
HB1804 Rocks!, (6/20/2008 12:00:53 PM)
Ralph – My husband's large, local employer hires ONLY LEGAL workers and is also a member of the COC.
Our guess is that select, self-serving members of the COC, the ones that benefit from illegals being in our state, got together to bring this case without the approval or consensus of all members.
He said his company would NEVER support something like this because they support employment laws and.
It's hard to believe this group can get away with misrepresenting the member's positions of the U.S. and Oklahoma Chambers of Commerce!
It looks like the people heavily invested in illegals are pulling another fast one.
HB1804 Rocks!, (6/20/2008 12:04:28 PM)
michael – Because the pro-illegal activists don't really have a valid argument for breaking the law.
Ralph, (6/20/2008 12:20:13 PM)
To HB1804 Rocks – I agree, I would hope that the majority of the members of the COC do not agree with what the state organization has done. It is that 10% again that is trying to tell the other 90% what they can and cannot do. They always bank on the silent majority being silent. It is now time for those member of the COC that do not agree with the State COC to let their voices be heard.
HB1804 Rocks!, (6/20/2008 12:28:29 PM)
Remember, it's still against federal law to hire illegals, and violators can and will be prosecuted. Employers who think they can get away with hiring illegals should think again:
A judge ordered a saddle and tack manufacturing company in Sulphur to pay $51,000 in fines in connection with violations of immigration law.
Billy Cook pleaded guilty to two misdemeanors immigration violations and was given a $3,000 fine on each count. The 77-year-old owner of Billy Cook Harness and Saddle also was given two years of probation on each misdemeanor count.
In August 2006, a federal search warrant was executed at the business and 51 illegal aliens were found to be employed at the factory.
The illegal aliens were deported.
RockBoston, (6/20/2008 12:44:09 PM)
Hey HB 1804 Rocks–
Thought I would let you know my son was born last week. He spent a week in the NICU, but is good now..
Now would people stop quoteing the bible to save our laws. If we lived everyday by the bible we would never advance. What does the bible say about computer usage or space exploration? Not a dang thing so why should it apply to illegal aliens in the land that is not theres?
CWG, (6/20/2008 12:45:31 PM)
HB 1804 does not circumvent federal law, all you lawyers take note of that. Failure to enforce at the federal level circumvents the well being of all of the citizens and legal immigrants.
Joe-Allen Doty, TULSA (6/20/2008 12:51:49 PM)
It is impossible to live by every commandment in the books of the Bible. One must choose to live by the Law given ONLY to the Israelites when Moses was in charge or they must choose to live by what Jesus himself taught and called his “Commandments” instead.
One can live by Jesus' teachings and commandants and get along just fine with the Constitution of the United States of America. Jesus did not get himself involved in the politics of the Roman Government which was ruling Israel and Judea when Jesus ministered for 3 years.
In Jesus' time and in the known world of the 1st Century AD, there was no such thing as “illegal aliens” in a country in the Roman Empire. Apparently, one could travel from one country to another without government permission.
RockBoston, (6/20/2008 12:56:10 PM)
I sure wish people who say this law is racist would come up with a shred of proof. If you are white and come here from England or Canada illegaly you are still unwelcome here. So where is this racist idea you backwards ones scream about?