OKLAHOMA CITY -- Oklahoma's new immigration law, touted as the toughest in the nation, just nips at those with questionable legal status, the public policy director for an antipoverty agency says.

"There is a lot of sound and fury in the new law, but when you look carefully at it, in reality, its practical and legal impact will be minimal," said David Blatt of the Community Action Project of Tulsa County.

However, Rep. Randy Terrill, chief author of House Bill 1804, said that "anyone who provides a job, shelter or public benefits to illegal aliens after Nov. 1 does so at their own peril."

Terrill, R-Moore, said harboring an illegal alien would apply only in circumstances where a person was clearly helping an immigrant to thwart the law, but would not include such things as driving someone to church.

Blatt said HB 1804 has caused fear in the Hispanic community, and riled even those who have been legal for years.

Provisions will become law on Nov. 1, addressing public benefits, law enforcement and employment of those termed as "undocumented immigrants."

Last week, the Community Action Project released an "issue brief" intended to serve as an informative resource for community organizations, businesses, government agencies and advocacy groups

The purpose of the paper, Blatt said, is to try to convince people to continue sending their children to school, continue accessing emergency services and convince providers that they can continue offering services for public health.

The issue brief asserts that many sections of HB 1804 duplicate or mirror what is already in state or federal law "or simply puts into statute what is already occurring in practice in the state."

Terrill, who takes umbrage at the notion that Oklahoma's law is redundant, said: "While some of their observations are accurate, their conclusions don't match what anyone else who has taken a look at the provisions and characterize it as the toughest immigration bill in the nation."

Questions have been raised about whether some Hispanic families have been keeping their children from starting school this fall, although officials say it is too early to tell.

Blatt said the U.S. Supreme Court in a landmark case guaranteed the right of all children to attend school, regardless of the child or parent's legal status.

Terrill said his bill does not do anything to challenge that.

"I don't think the INS is going to walk the halls to catch them at school," Terrill said.

The bill requires every state agency to verify the lawful presence of anyone over age 14 who applies for a federal, state, local or public benefit.

Blatt said since the 1990s, those without legal status have been denied food stamps, Medicaid and Medicare.

But the federal government says many other services including emergency room care, Head Start for underage children and immunizations are free.

Terrill said the bill makes it clear that state agencies need to do a better job of verifying the status of those who apply, requiring more documentation than simply checking a box on a form. He said those seeking benefits who do not have identification will be required to sign an affidavit, and if they falsify this document, they will never be eligible for citizenship.

The bill restricts the issuing of primary identification documents, such as drivers licenses. Blatt said the only change the Department of Public Safety will make is to mark licenses as "temporary" for those here on a work or student permit.

In the employment arena, public employers will be required after Nov. 1 to utilize a public verification system, the Basic Pilot Program. After July 1, 2008, that requirement will extend to private employers.

Terrill said this will be the first time that employers will be obligated to check the legal status of new employees. He said some "bad apples" currently are hiring illegals because it is cheaper.

Blatt said the law is silent about any enforcement mechanism against agencies that fail to comply with the verification requirement. "It is unclear whether the Basic Pilot Program is fit to handle the increased volume of verification requests," he said.

"My hope is, once Nov. 1 rolls around, everyone will realize the practical impact of this law is fairly limited, and the fear will go away," Blatt said.

Mick Hinton (405) 528-2465
mick.hinton@tulsaworld.com