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Federal judge dismisses challenge to HB 1804
By Staff reports
Published:
10/23/2007
Last Modified: 10/23/2007 12:02 AM
A federal judge has dismissed a lawsuit brought by Hispanic groups seeking to block implementation of House Bill 1804, a state law aimed at illegal immigrants.
U.S. District Judge James Payne ordered the case dismissed because he found that none of the plaintiffs in the case had been injured by the law, so they do not have standing to file the suit.
Comparable cases before the U.S. Supreme Court have determined that ''a proper constitutional vetting of any law cannot be achieved without the existence of a plaintiff that has actually been injured by the challenged law,'' Payne says in his order.
''While a constitutional vetting of HB 1804 would serve the interest of all parties to this litigation, the interest of the public would be be served by a sharpening of the issues presented prior to such a vetting,'' he says. ''Such a sharpening can only be achieved through a suit brought by plaintiffs with well-defined injuries causally connected to HB 1804.''
Payne's order does not determine the constitutionality of the law.
''The court has no doubt that Plaintiffs fervently believe in the unconstitutionality of HB 1804,'' he says. ''The court's holding today does not close the courthouse door to those wishing to challenge the constitutional soundness of HB 1804.''
Due to go into effect on Nov. 1 HB 1804 would make it illegal to knowingly transport illegal aliens and throws up state barriers to hiring illegal aliens.
By Staff reports
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LM
, Cleveland (10/22/2007 5:57:53 PM)
RIDICULOUSLY FRIVOLOUS LAWSUIT... The Atorney's will have fun with this... Hope they get their money up front... It is hard to collect from Illegals.
Report Comment
kevin
, tulsa (10/22/2007 6:01:18 PM)
Of course none of the plantiffs were harmed by this. Victor Orta would have to give back his white cadillac because if he were illegal he wouldn't have a drivers license! Good Job you honor!
Report Comment
Greg
, Tulsa (10/22/2007 6:03:25 PM)
For once, a judge with some common sense!
Report Comment
William
, Tulsa (10/22/2007 6:09:10 PM)
I am not racist by no means...But good for them, you would think the first most defined word, in this whole debate would be "illegal". If you want to work here and get the same opportunities as the rest of the citizens of the Untied States, then go through the proper channels. I have lived here all of my 36 years, and have worked full time in the past 20 years. Why should I have to supplement anything medical, unemployment, etc., to an illegal alien. There are plenty of people here in our own backyards to aide. And I also think that if a child is born here, from an illegal parent, there should be two choices. Have that child go back to the South American country with the status of being an illegal also, or be put up for adoption to a legal American citizen. I am not trying to be cold hearted about any of this, I understand they want to better themselves, but do not come into our country demanding rights that are not legally yours. Go through the proper channels and become an American citizen, and I will gladly welcome to our wonderful nation, but with the same respect, learn out language and don't demand help without trying to help yourself first...There is no "constitutional" help for anyone that doesn't want to do the right thing and live by our constitutional laws. That's just my two cents.
Report Comment
Douglas
, Santa Rosa,Ca (10/22/2007 6:15:44 PM)
This is a victory for the people of Oklahoma and similar measures such as Arizona's prop. 200 are examples of how "attrition through enforcement"works!It's time for activist judges and the ACLU to understand that no matter how hard they try to usurp the will of the people we the American people have been awakened to this illegal alien invasion.Deport all illegal aliens .No Atzlan!
Report Comment
Drew
, Tulsa (10/22/2007 6:29:01 PM)
I don't get it. What part of "ILLEGAL alien" do these people not understand? Yes, even illegal aliens have rights, as would any outsider who was visiting our country. But they have no "right" to stay here indefinitely, or to suck off the GUVMINT while they're here. This lawsuit was stupid. Good riddance to bad rubbish.
Report Comment
Chris
, Tulsa (10/22/2007 6:29:49 PM)
Let's quit throwing away our tax dollars to people who don't pay taxes. This lawsuit is frivilous. Come to America legally. Pay the fees.
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gv
, OKC (10/22/2007 6:31:34 PM)
Well I am glad that ya'll have that opinion. Becuase we are entitled to that as Americans. Sit back and think who is going to cut your yard, because you people are to busy having affairs on your wives and watching football. Don't worry. Our people will come out ahead like they always do!!!!
About the sick and tired of forking over tax dollars. Where are the tax dollars that are deducted from "illegal's" paychecks?
Report Comment
Bruce
, (10/22/2007 6:36:28 PM)
Miguel Rivera said on TV that our Sheriff Stanley Glanz is: "guilty of ethnic cleansing, and atrocities". Here's the real reason why Rivera hates 1804 and the fact that it's causing Mexican illegals to 'migrate' elsewhere... Straight from his bio page on his own website: "In 1993 the Rev. Rivera started Church Administration Services Inc, a management, accounting and ecclesiastical affairs firm that serves Latino Christian churches throughout the United States. As a professional management accountant, he has developed a clientele of more than 5,000 Latino Christian churches and Hispanic serving non-profit organizations."
FOLLOW THE MONEY! (SAME WITH ORTA)
Report Comment
Native American
, (10/22/2007 6:42:21 PM)
Sen. Inhofe voted for NAFTA & CAFTA which open the flood gates to illegal immigrants by eliminating our borders.
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Bruce
, (10/22/2007 6:47:57 PM)
#9... You are welcome to move to Kansas with the rest, or even to Mexico - since you have such a low opinion of yourself and others. btw - I cut my own grass, thank you. No need to give somebody money for that. MOST of us in Oklahoma don't need/want cheap labor. We know how to work. And we know how to take care of 'business', too... So go pull your La Raza mess in some other state.
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gv
, (10/22/2007 7:06:05 PM)
I don't need to move to Kansas or Mexico for that matter. I am an American, born in the U.S. to a Vietman Veteran and to a U.S. Mother. We are voicing our opinion on this website. I am glad that you mow your own grass. So basically you don't like that I am for the illegals. They should of wrote on the "add your comment" that only kudos could be posted and not real opinions.
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Randy
, (10/22/2007 7:34:21 PM)
I am a carpenter, I live in Florida but I am working in Mississippi, Because all the Illegal aliens working for rock bottom wages. I am ready to move to Oklahoma because Fla will not stand up for its Citizens. Good for the Judge and good and good for the rest of America. They can pass the same laws in there States now.. ( I hope ). I am tired of being away from home.
Report Comment
roger
, (10/22/2007 7:38:33 PM)
Good for the judge and the fine patriots of this country!!
This is just the best news I've had for such a long time concerning the invasion of our country by the illegals and their spawn!!
Report Comment
Darlene
, (10/22/2007 7:41:43 PM)
To #9 post.
If thats the worst that can happen is that people will have to mow their own lawns or get some teenager thats a citizen to do it,I can live with that,lol!
Report Comment
Cherry
, Tulsa (10/22/2007 7:44:53 PM)
I agree with #4. I couldn't have said it any better. And #9, please take a spelling class. Just to let you know, my man doesn't mess around on me. And he does cut the grass. As for most of the male hispanics I have encountered, I don't feel comfortable when you stare at my daughter and myself while we are shopping. Try being a little more repectful in the future.
Report Comment
Sue
, Tulsa (10/22/2007 7:59:31 PM)
GREAT JOB JUDGE!!!!!
Report Comment
G.O.
, Tulsa (10/22/2007 8:08:52 PM)
#9 The tax dollars that are deducted from the illegals paychecks are going to the $19,000 in social services that on average every illegal recieves but americans do not qualify for. #13 You can "be" for illegals if you want, but while you're at it, why don't you pay for their social services also? Also, are you trying to say that hispanics don't cheat on each other while watching soccer?-get real. That's my opinion!
Report Comment
Sandra
, Los Angeles (10/22/2007 8:16:41 PM)
William,
I'm sure you are not a racists. But today if you are against a certain ethnic group you will automatically be labeled a RACIST.
Lou Dobbs is one prime example
Report Comment
Donald Cho
, Tulsa (10/22/2007 8:16:54 PM)
Indeed this is great news but i would be even more happier if we could get the left-wing judges in San Francisco who sits on the 9th Circuit Court of appeals to allow the NO MATCH SSN#s to go out immediately. That would really be the end of illegal immigration into this country by cutting off the magnet of jobs. Not that all employers would comply but if we kick them in the butt with 10K fines daily per illegal they'll certainly think twice about keeping and hiring illegal aliens.
Report Comment
scorpion king
, (10/22/2007 8:25:02 PM)
Hey Sandra back off William in this country we are entitled to our opionions, that is if you are a citizen of this country. I think right now in L.A. you guys have alot more things to worry about than our cases i.e. the fires all around u. Who knows if those fires are so bad maybe it will wipe out some of the illegals as well so maybe you dont need a bill out there!! Hopefully the wind and fire will drive them back where they belong!!!
Report Comment
Elizabeth
, Orlando (10/22/2007 9:03:33 PM)
Illegal has no color so how can we be against a certain ethnic group...Lou Dobbs states the facts! Check out Rick Sanchez/Outintheopen on CNN and you'll see that he is a racist against those who are white.....We must stand for the Rule of Law and they will go home. Can anyone explain how you would explain 12 million or so illegal alien invasion? Give one good reason why so many? Then tell me why we should give a heart to lawbreakers....
Report Comment
hmphhh
, (10/22/2007 9:13:13 PM)
#13, congratulations on being an american citizen. You should be more concerned than anyone else about this illegal alien problem. They are leaching off of the system, forget about wages, and language barriers, consider the implications to the health care system, the penal system, how about the safety of your own neighborhoods, with more and more illegal aliens turning to organized crime fanctions to stay "legal". Is it too much to ask someone to sign their name on the list when they come across the border. THese people don't want to be legal, because they know how much more they get for free, by mooching, then by going through the process of legalization. Open up another Ellis Island on the southern border, and perhaps we can make these illegals, legal.
Report Comment
David
, Tulsa (10/22/2007 9:35:19 PM)
Most comments I agree with. But comments like # 25 are racists. He is grouping all Hispanics as illegals. I am Hispanic and would love it if all illegals were gone to. But like I have said before, if I get pulled over for speeding and cop tell me to verify my citizenship, there will be hell to pay. I like most all other naturally born citizens with long lines of families and others who have come to this country legally (like most of your ancestry) are proud to be a US citizen. So why should I have to prove it just because I am brown and speeding? White, black, green, red people don't speed??? They better be prepared to prove their citizenship too! ALL of you.
So Mr # 25, can you prove your citizenship? Would you be offended if you get pulled over and told to verify it?
Report Comment
Patrick Piklapp
, Tulsa (10/22/2007 9:40:26 PM)
The time has come for all good Americans to stand up to the rising invasion. This ruling is just a drop in the bucket.
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