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Injunction sought to block law
 
By DAVID HARPER World Staff Writer
Published: 10/20/2007  1:32 AM
Last Modified: 10/20/2007  1:32 AM

A Hispanic group wants to prevent a state immigration law from taking effect Nov. 1.

The National Coalition of Latino Clergy has filed an emergency motion for a preliminary injunction that would stop a strict new state law against illegal immigration from going into effect Nov. 1.

In the motion, filed electronically after business hours on Thursday, the plaintiffs asked for a hearing on their motion as soon as possible.

A preliminary injunction would prevent enforcement of House Bill 1804 until the federal court has had a chance to fully analyze the plaintiffs' claims.

The plaintiffs say they will suffer irreparable injury unless the court issues an injunction before Nov. 1, when the law is scheduled to go into effect.

The request had been anticipated since the lawsuit against Gov. Brad Henry and Attorney General Drew Edmondson was filed Monday in U.S. District Court in Tulsa.

The suit alleges that the new law is unconstitutional and violates illegal immigrants' rights to due process.

HB 1804's co-authors, Rep. Randy Terrill, R-Moore, and Sen. Jim Williamson, R-Tulsa, have said they are confident the measure will withstand such a legal challenge.

In their latest motion, the plaintiffs -- who include illegal immigrants identified only as "John Doe" and "Jane Doe" -- argue that their claims meet the criteria used by the courts when deciding whether to grant an

injunction.

They argue that an injunction would not be adverse to public interest and that the threatened injury to them outweighs whatever damage the proposed injunction might cause the opposing party.

The plaintiffs also argue that they have a substantial likelihood of eventually prevailing on the merits of their case.

They claim that "several other state and municipal attempts to regulate immigration have either foundered or partially foundered in the courts" in states such as California and Pennsylvania.

In the latter case, U.S. District Judge James Munley blocked the city of Hazleton, Pa., from enforcing a crackdown on illegal immigrants.

A pair of measures approved by the Hazleton City Council would have fined landlords who rent to illegal immigrants, denied business permits to companies that hire them, and required tenants to register with City Hall and pay for a rental permit.

Munley ruled that the measures were pre-empted by federal law and would breach due-process rights.

"Hazleton, in its zeal to control the presence of a group deemed undesirable, violated the rights of such people, as well as others within the community," Munley wrote in a 206-page opinion.

"Since the United States Constitution protects even the disfavored, the ordinances cannot be enforced," Munley wrote in July.

In September, the city of Riverside, N.J., rescinded a year-old ordinance intended to punish employers and landlords who hired or housed illegal immigrants there. City officials decided it would be too expensive to defend in court.

Despite such developments, Terrill has been quoted as saying he's "not worried in the least" about the claims in the Oklahoma lawsuit.

Rev. Miguel Rivera, president of the coalition pursuing the Tulsa lawsuit, said Monday that the complaint named Edmondson as a defendant because he said the attorney general hasn't acted on requests to issue an opinion on the law's constitutionality.

Charlie Price, a spokesman for Edmondson's office, said Friday that staff attorneys are analyzing the specific claims made by the plaintiffs in the federal lawsuit.

He said those legal issues will be left for the federal court to decide. Any HB 1804 issues not before a federal judge would be eligible to be addressed in an opinion ren dered by Edmondson, Price said.


David Harper 581-8359
david.harper@tulsaworld.com


WHAT IS HB1804?

The law, which is scheduled to take effect Nov. 1, targets illegal immigration in Oklahoma. It will:

  • Ban illegal immigrants from state government identification.
  • End most public assistance and entitlement benefits for illegal immigrants.
  • Authorize state and local law enforcement officials to enforce federal immigration law.
  • Penalize employers for knowingly hiring illegal immigrants.
  • Penalize anyone who knowingly transports or harbors illegal immigrants.

By DAVID HARPER World Staff Writer

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Report Comment
The Oracle, Tulsa (10/20/2007 6:14:23 AM)
Since when can an illegal immigrant or immigrants file a lawsuit?Are those who aid in this lawsuit violating present law when they aid the illegals???There is a legal process in place for legal immigrants to enter this country and work...
Report Comment
Dover, (10/20/2007 6:31:28 AM)
We have a right to control our country. This invasion must stop. The lines and procedures to enter the united states are long, difficult and expensive. But that is the law and we expect people from other countries have enough respect to follow and obey our laws. Hispanics are the main problem because they are within walking distance from this country. That doesnt give them the right to enter it at will. I believe Illegal Aliens is the proper term to use here. Not illegal immigrants. This lawsuit has to be one of the dumbest lawsuits I have ever heard of. A man of god! All these people are worried about is the ol mighty dollar and it sickens me to think this is what some religions have come to.
Report Comment
Dover, (10/20/2007 6:36:16 AM)
I feel he is aiding and harboring illegal aliens and should be investigated after November 1. His finances should be investigated also because it is supposed to be a nonprofit organization.
Report Comment
Jim M, Tulsa (10/20/2007 6:40:45 AM)
Illegals are bankrupting our healthcare, education, and criminal justice systems. Wake up folks.
Report Comment
Ken, Glenpool (10/20/2007 7:26:28 AM)
Dose the word illegal have differnt meanings , If I do something illegal, I get in trouble, These people are allready breaking our laws , by being here! This country is made up of legal immigrants. So I am confused on the meaning of the word(illegal), It seems to have different meanings. They seem to change the meaning for their purpose. I think we the people need to send a strong message, not only to the illegals, but also to people in this country that support this issue. They have broken our laws, THEY DONT HAVE RIGHTS, They need to get out of this country or follow the immigration laws and become legal, They need to shut-up, and as for the Americans that support them, they need to go with them. I for one am getting sick of our officals, They need to remember, they are elected by the people, they are getting paid to do what the people want. I think this is being forgotten. Anyway, the word illegal needs to mean the same for all, so whats to question, about what to do? We need to quit supporting them, Prices and taxes are out of site, because of this issue, and our government cant seem to see this. Its Time to elect officials that care about the people . Thats where we need to start. "We the people" need to send a vary strong message to the officials of our states, and our country, Its getting real old, It is time for you to start doing your job you were ellected for, or we will get someone that will.
Report Comment
R. W. Gillard, Tulsa (10/20/2007 8:09:50 AM)
Why, should any people who do not want to follow our laws that are already on the books be allowed to remain in this country? When they refuse to legally apply for citizenship, or have to follow our vehicle insurance laws.
Report Comment
cmp, (10/20/2007 8:17:41 AM)
Lets bring this on the next ballet and let the people of oklahoma vote on it. that should send a strong message to these america haters the people of this state want to protected from these illegal aliens.if it means the people have to vote on this then they will find out that the people of this state want this law.oklahoma loveit and obey our laws or leave it
Report Comment
mike c, Tulsa (10/20/2007 8:29:32 AM)
That's just great, illegial invaders suing us... How about issuing a deposition to take their testimony and deporting them immediately when they appear (They admit they are illegial) For all the liberals who rant about the illegial invaders being classified as "illegials" and want them to be called "undocumented workers" I suppose we can do that just as soon as we start calling drug dealers "ndocumented pharmacists"
Report Comment
Rachell, Tulsa (10/20/2007 8:34:46 AM)
I guess we are not thinking ahead. Who is going to take over all the jobs that the hispanic community is doing? Are you going to work for the wages they pay them and if not can you afford or can our companies afford to pay workers a higher wage which in turn affects the consumer. I guess I don't understand. If they are here and working and not breaking any laws then why don't we allow them to become legal and therefore be able to get a drivers license and insurance? Do you not realize how much money the hispanic community spends in Oklahoma? How many apartments they rent and how much affect it will have on our community and economy?
Report Comment
Bill Hader, Jenks (10/20/2007 8:56:14 AM)
EVERYONE NEEDS TO GET INVOLVED. Ask every contractor/ Business that you hire or do business with, if they hire illegals? and can they show you proof. I had to change my lawn company because they REFUSED to show me proof that the guys working in MY yard were legal. The response was "who do you think you are". YOU have the Right to know who is on your own property. If they refuse then fire them and when the message gets out that the people have had enough of this problem then they will hire only legal employees. Also this law needs to change. I feel its too light. Put more teeth into it. MY personal thought is if your here illegally then the punishment should be death, I have to consider you a terrorist. This is not race specific. I dont care if your hispanic or sweed. If your here illeagally then you must go.
Report Comment
Ken, Glenpool (10/20/2007 8:58:06 AM)
Do you relize what the word illegal means, and the cost of free health care, schools, and welfare. Do you believe in double stantards for Americans and illegals. Wake up and look around. It is people like you that are the problem and as for the jobs, I gess you dont work out in the real world, I see the illegals takeing the high paying jobs and demanding rights they dont have, Try to go the their country and demand rights, See what you get. Open your eyes and get a clue. The question I have for you (ARE YOU BLIND) Look around and listen, these a criminals. If someone did something bad to you or your family, you would want justice. Well that is all we want, We arent saying to go and dont come back, but to do it legal.So wake up and open you eyes.
Report Comment
BC, (10/20/2007 9:06:04 AM)
I am not a US citizen. My offical status via USCIS is a "Legal Resident Alien."

I waited and followed all of the many time consuming, expensive and unfriendly requirements to be able to be become a "Legal Resident Alien" in the United States of America.

In my opinion, if you want to live in a country, you should begin by learning to follow and live by the rules of that country.

Life would be easier for eveyone if we could just "pick and choose" the rules that we liked and then disregard the other ones!

That makes complete sense to every reasonable person and that is whay you can't "select from the list of avaiable options" if you are stopped by the OHP.

I applaud Tulsa's efforts in this instance.

Report Comment
Ken, Glenpool (10/20/2007 9:11:27 AM)
No you are a American, You did it the way it is suposed to be done, All I have to say is Welcome, it is nice to hear of someone with the proper morrals and the common sense to do it right. I applaud you and welcome once again to the greatest country in the world.
Report Comment
BC, (10/20/2007 9:14:10 AM)
Ken - Thank you for the "Welcome!" - much appreciated early on this Saturday morning.
Report Comment
Dover, (10/20/2007 9:18:41 AM)
Rachell, I guess you dont understand!!!!! Just a little Dense arent you. THEY HAVE BROKE THE LAW!!!!!!DUH! We will not crumble because we have to pay AMERICANS and legal residents decent wages. We dont want illegal aliens they are destroying our countries pride, values, social services, land, And becoming a HUGE tax burden. They cant come over here and exhaust our resources. Enough!
Report Comment
C.G., Tulsa (10/20/2007 9:20:31 AM)
Here's hoping that common sense will prevail. Nothing the plaintiffs are saying is true. #11 is right, it is up to each one of us,individually to stop this mess that has creeped upon us while we were not paying attention.
Report Comment
C.G., Tulsa (10/20/2007 9:26:02 AM)
My mistake, #10
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Ken, Glenpool (10/20/2007 9:39:41 AM)
I agree, we have to do are part, But now wake up, If the government ,state and federal, dont do there job the battle is lost. We may have a say in what gose on in our life, and if the law says we are wrong, then we are crimminals in our own country, and you bet the government would bust us. Now on the other hand, and which gose back to my first statement, why are we letting the goverment at all levels use double standards. It is time to get officials that care, and will do what they were elected to do. I for one am tired of the picking up the tab. It is time to voice our wants to the officials and to all the people that support illegals. GET OUT!!!!!. GO HOME, THIS IS NOT YOUR COUNTRY AND I WILL NOT SUPPORT YOU, YOU DONT HAVE RIGHTS, AND HOW DARE YOU THINK YOU DO. NOW IN PLAIN SIMPLE AMERICAN "GET OUT"
Report Comment
Kerry, Broken Arrow (10/20/2007 9:57:48 AM)
Yes, They are braking the law, This suit will probably not change the law, but the Constitution does allow as the text states "undesirables" to have their voices heard as well as we do. This law is only a small chip in the big picture, We have 11,000,000 or more undocumented aliens that if we do as most people say kick them out will cause a large Tsunami starting in the construction industry, up to 40% of the construction industry may have questionable documentation and from what I know through talking with construction managers they have been forced to hire illegals and still pay them a decent wage that most americans will not work for and if they do they demand higher wages, this will cause all construction cost to go up and cause the length of time it takes to get done. This same action will take effect in every business or industry you see with hispanic workers and you know what they are. Yes, we will not crumble but if you are one that has griped about the cost of gasoline that extra will be nothing compared to what this will do. I believe that the majority of undocumented workers are hard working and law abiding and if you can prove me wrong show me the numbers. We as a Nation must come up with a solution that will work for those that are here illegally but abide in all the rest of the laws and for us Americans that are and we are partially supported by these people. And if that is not enough you know how you feel about this right now? Well that is the same thing the Indians felt when the rest of the world alienated their nation and No I am not an Indian or married to one, Just stating the facts. We must come up with a better solution that is not a political posturing solution that works for all
Report Comment
mae, stilwell (10/20/2007 10:02:34 AM)
since when is the voice of the people less important than lawbreakers? i cannot and will not let my tax dollars be spent on illegals anymore. if you want to be here so bad, do it the right way. i will not go to your country and disrespect their laws like you have done mine. so stop-go back and come into the USA the right way.
Report Comment
Really Disgusted, Tulsa (10/20/2007 10:08:02 AM)
Does everyone know that the public schools have contracted with medical services, in my district's case OU Bedlam Clinic, to provide FREE HEALTH CARE by physicians through the school nurses office, not only to the children of illegal aliens, but also to EVERYONE living in their household! This is in addition to the free nutrition services and the full array of special services offered to these kids who do not speak English and are performing below grade level.

We had to pull our kids out of public school and place them in private schools because all of the consideration and attention that should have been going to them as academically gifted and advanced students was instead going to the hispanic students.

If the children of this country are supposed to be our future, then I can tell you folks we and our kids are being ROYALLY SHAFTED. I think my taxes should go to educate my kids and not all these kids whose parents are here illegally. Thank God they haven't found a way to invade the private schools yet!

Report Comment
Der Obersturmfuhrer, (10/20/2007 10:21:01 AM)
I love how all you anti-immigration types use the phrase "America Wake UP!" That was the slogan of the SA in Nazi Germany. They started by calling Jews "vermin" and "invaders" and a "cultural cancer." They passed the Nuremberg Laws otherwise known as "The Law for the Protection of German Blood and German Honor."

Now, I don't agree with Miguel Rivera's bombastic outbursts, but this is how it starts. These posts are so full of hatred, all rational arguments are ignored.

Ken, you'd probably be happy with a snappy black uniform herding these folks onto a train. All in the name of being a "good American." Same type of mentality that thought a black man deserved to be lynched for speaking to a white woman.

You guys cannot rail against Jews, Blacks or Asians, but you can against Hispanics. All you have to do to justify it is say "It's not about racism, it's about the law! Illegal is illegal! blah blah blah" You are not fooling anyone.

I am an American, and you don't speak for me. Something needs to be done about this problem, but hate filled invective won't get it done. A well reasoned, organized, compassionate solution that allows America to benefit from the work of these folks, yet secures our borders, and brings them out of the shadows is what is best for our country. Not "open borders," but not these endless stupid tirades of "Get out" "illegal is illegal." Stop hating and start thinking.

Maybe you should "wake up."

Report Comment
Joy Mayes, Tulsa (10/20/2007 10:24:27 AM)
The 1804 is unconstitutional. And that's the bottom line.
Report Comment
me**three, (10/20/2007 10:28:36 AM)
19 Kerry

Wait til the next hail storm hits and we have roof damage. In 2003 people were upset that their roof was not going up on time. Then some used out of town companies since the ones here didnt have enough workers to cover the demand. Some got taken from out of town companies, I new a lady that did.

We get mad cuz illegals have no ins., but we dont want to give the a licsence to have insurance. Maybe not all but several would be willing to be legal.

Question for all of you. let say your son gets a girl pregnant and ofcourse they get married. Turns out she was born in Mex., brought to the US when she was 2. So she is an illegal. Ok come Nov. 1 she is on the way to the doctor, gets stop due to a simple traffic stop. She is now getting deported with your sons baby. Are you going to tell your son "to bab so sad" she is an illegal and must go back. Think about it she is carring your grandson/daughter. Are you willing to do that. Yeah your son is charged with a felony due to harboring an illegal that who cares was his wife.

This can happen, maybe not to you, but to others. Lots of these kids came about 14yrs ago so they are between 18 to 25.

Just think about it and if you have single children ask them if they are asking for legal status before they date.

Report Comment
KEN, Glenpool (10/20/2007 10:30:56 AM)
#19 first I think you need to talk to the majority of construction workers, they dont need or want illegals, Two, The cost of the free schools, healthcare, a welfare will off- set the housing industry and all other markets, You were right about 11,000,000 in this country, this just tells you that we have been quite, hopping that someone with power would take care of it. It isnt happening, So we have to stand up and be seen. Now do you watch tv or read the paper or even talk to the americans around you. The majority of the crime is caused by illegals, and why not, the get better treatment then

Americans, and I for one am tired of paying to support them, Yes, some work hard, and alot of others dont. So your statement is vary week and you need to look around you. If you think this way. mabe you should move to there country and ask for help of if you can even stay their.GOOD LUCK. We wont miss you or others that think this way. Cant you see that this is a major factor why our taxes and cost of living is so high. when you have 11,000,000 to suport that dont pay taxes, gess what (DA) do the math.

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