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Challenge to House Bill 1804 dismissed

Rafael Banuelos of Tulsa sits with his children, Anthony, 1, and Brittany, 6, at East Central High School Monday night during a meeting about House Bill 1804. Leaders in the Hispanic community vowed to continue the fight against the law, which is to go into effect Nov. 1. STEPHEN HOLMAN / Tulsa World
 
By MICK HINTON and ALTHEA PETERSON World Staff Writers
Published: 10/23/2007  1:40 AM
Last Modified: 10/23/2007  1:40 AM

OKLAHOMA CITY -- A federal judge dismissed on Monday a constitutional challenge to House Bill 1804, a state law aimed at illegal immigrants.

U.S. District Judge James H. Payne said the Tulsa Hispanic group, two churches, a restaurant group and anonymous plaintiffs who filed the suit can't challenge the law now because they cannot show that it has damaged them before it takes effect.

The law is due to take effect Nov. 1, and Payne's decision seems to set the stage for another challenge then.

''The court has no doubt that Plaintiffs fervently believe in the unconstitutionality of HB 1804,'' Payne says in his order. ''The court's holding today does not close the courthouse door to those wishing to challenge the constitutional soundness of HB 1804.''

However, he says 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.

''While a constitutional vetting of HB 1804 would serve the interest of all parties to this litigation, the interest of the public would be served by a sharpening of the issues presented prior to such a vetting,'' the order says. ''Such a sharpening can only be achieved through a suit brought by plaintiffs with well-defined injuries causally connected to HB 1804.''

Charlie Price, a spokesman for Oklahoma Attorney General

Drew Edmondson, said his office had not yet filed a brief in the case but would have made the point that because the law has not taken effect, damages have not occurred.

Rep. Randy Terrill, R-Moore, a chief author of HB 1804, said, "Let there be no doubt that today is a great day for the taxpayers of the state of Oklahoma and for every person who supports real, meaningful immigration reform."

Terrill acknowledged that the plaintiffs could refile a lawsuit after the bill takes effect, but he predicted that the law will withstand any challenges.

In the lawsuit, filed last week, Church Eficaz alleged that it had lost half of its 200 members because of the law. However, the judge reiterated that this would be impossible to prove this was the fault of a law that had not gone into effect.

He also stated that two other plaintiffs, the National Coalition of Latino Clergy Inc. and its Oklahoma branch, could not show damages because no member of the groups was cited as having been injured.

The judge also noted that another plaintiff, Mexico Lindo Restaurants, which claimed a 40 percent drop in business, had no basis to prove such a loss.

HB 1804 would make it illegal to knowingly transport illegal immigrants, and it throws up state barriers to hiring of illegal immigrants.

The measure also will require employers seeking state contracts to use the federal status verification system for its employees.

The law also will require identification and proof of citizenship before people can re ceive certain benefits.

At an informational meeting that was already planned for Monday night at East Central High School, American Dream Coalition President Victor Orta II said the fight against HB 1804 will continue.

"We're planning for the long haul, and we've already planned the next step," Orta said through a translator.

It may be difficult not to be afraid of what will happen after HB 1804 takes effect, Orta told the Hispanic group assembled there. However, he said, people can be confident that organizers are not going to give up on fighting the law.

"We knew this was not going to be an easy case," Orta said. "We were prepared for that, and we are prepared to continue in court until this law is repealed."

A decision on whether to appeal the judge's ruling or to refile the lawsuit after Nov. 1 will be made within the next few days, said a local attorney, Rahit Sharma. He said that despite the lawsuit's dismissal, he is confident of its merits.

"I strongly feel 1804 should not even be a law," he said.


World Capitol Bureau writer Angel Riggs contributed to this story.


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

Althea Peterson 581-8361
althea.peterson@tulsaworld.com

By MICK HINTON and ALTHEA PETERSON World Staff Writers

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Report Comment
dinghmm, (3/26/2009 1:49:48 AM)
FYI Braums is now running ads in spanish looking for workers and the one by my apt. at 71 & 169 has several who are very nice but still are not legal. They dont speak english other than 'can I help you'. Last I checked that was a requirment for citizenship.
Report Comment
dinghmm, (3/26/2009 2:26:19 AM)
All the fast food places near my home are filled with them and some of the dine-in places as well. McDonalds,Sonic,Taco Bueno,Golden Corral,Braums just to name a few ! This is not about race. Illeagal is illeagal.
Report Comment
Jeff21376, (3/26/2009 12:44:30 AM)
You know, my neighbor is from Poland and waited 11 years to get his citizenship passed. He went through the process the right way. He gets very upset that 1. They make no attempt to learn English. 2. Are a strain on our public assistance and 3. Have bypassed the system that he had to patiently wait to get through. We have 12.5 million illegal aliens from Mexico and South America. Some lawmakers just want to grant amnesty to them. If you do this you just granted 12.5 million people a free ride on the Social Security system that is already going to barely pay out to the existing people. I say deport and let them take what they have learned in the USA back to their country and plant the seed of prosperity there. Fix your own country and stop destroying mine. Some people say that it will break apart families. Well, you should have thought about that earlier Einstein when you were knowingly giving birth to anchor babies.Go to the back of the line and wait like everyone else trying to get the American Dream.
Report Comment
Bettybb, San Jose (10/23/2007 5:13:56 AM)

FANTASTIC ! Finally a judge who understands the law. The judge in SF should never have stopped the Fed law because it has not yet been implemented and there was no proof that any of the allegations of damage would actually occur.

Are these anti rule of law, pro lawless illegals really going to say the say cannot be constitutional because they lose business that is illegal and church members who are ilegal?

They must all be DIPs, ie members of the Demorcratic Illegal Party, formerly know as Democratic Party, who has turned its back on Americans and now supports policies that benefits illegals but harms poor and middle class Ameicans. ie. wage depression for Americans by hiring illegals, loss of jobs for Americans by hiring illegals, benefits for illegals while Americans go without, Spanish for America equal with English which in some states means you must speak Spanish to get a job, bankrupting of hospitals for illegals while Americans pay, Americans 22,000 per year subsidy of each illegal, overcrowded shcools, take collegal financial aid away from low income Americans and give it to illegals,etc

Report Comment
The Oracle, Tulsa (10/23/2007 5:44:40 AM)
Oklahomans would welcome legal immigrants who come here to live and obey our laws.Legal immigrants who work and drive on our streets and highways with drivers licenses and insurance will be welcome.
Report Comment
Ron T. Howell, Bixby (10/23/2007 6:18:19 AM)
Victory: Illegal Immigrants will hopefully now leave our state. If not they can be deported. It time for America to take back our nation, and hopefully Oklahoma will be able to set the stage for other states to follow our lead. Lets clean up our state and punish those companys that employ illegal immigrants those companys need to be take down so there wont be a demand for illegals in Oklahoma.
Report Comment
CMP, (10/23/2007 7:20:15 AM)
Just as i thought all this lawsuit is about is money all these churches and buisnesses that depended on the illeagal immigrant. are losing money. so they are crying foul. well thank God we have a judge whois for the people of this state
Report Comment
Tater, Tulsa (10/23/2007 7:22:42 AM)
The People have spoken and Judge agrees. The System CAN work....now let's allow the law to function as it is written. The legal citizens of Oklahoma have the RIGHT to see justice served.
Report Comment
JW, (10/23/2007 7:32:51 AM)
BWAHAHAHAHAHAHAHAHA.......pack your bags SUCKERS!
Report Comment
ME, (11/10/2007 9:51:00 PM)
hey how about Mcdonnals lets check them out.........

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michael r boyle, princeton (1/13/2008 2:42:43 PM)
We as a society fail to take responsibility for our actions and look for other reasons not to do so..There is right and there is wrong,and there is a process.If you are about the right thing the right things should happen,although nothing is fair in life..If these illigals had done the process then there would be no problem..Every system has a check and balance.If these other chicken -----states dont adopt the same position their prblem will manifest over and over...We cannot help the third world countries by taking in a million people a year and they add 80 million.Our intrastructure would soon colapse..Third world countries breed when they cannot feed.We dont need to be the ones to foot the bill for they're breeding habits.
Report Comment
blake, tulsa (1/28/2008 10:50:51 PM)
doug....

racist.
Report Comment
??, (10/27/2007 9:33:26 AM)
The U.S. broke into Mexico (now called Texas )and stole half of Mexicos land(California, New Mexico, Arizona,ect) since when is it legal to steal someone's home then prosecute them for being here illegally.
Report Comment
hypocrites**, (10/27/2007 9:37:06 AM)
I wonder how Native Americans feel about white people complaining about being invaded about illegal settlers. All White MEN ARE ILLEGAL ALIENS IN OKLAHOMA.
Report Comment
msmax, Tulsa (10/27/2007 11:29:14 AM)
Picture this: I (along with 10 million other US citizens) go to another country. Let's just pick Norway for a hypothetical example (doesn't matter...choose one of your own.) I cross the border illegally (i.e. don't fill out paperwork, obtain a VISA, register with gov't authorities,etc.) I set up housekeeping, enroll my kids in schools, get medical care, get a car but don't register & get a Dr. License or insurance, earn wages but don't pay taxes, maybe break a local law or two (either out of deliberation or ignorance...doesn't matter). Then the Norwegian gov't locates me. And I begin telling them my story: I can't find work in the U.S., my kids need healthcare, I want a better life & this looks like a great country to find it in, my geneaology connects me back to a viking, etc...summed up, I give them my story. And do you know what the Norwegian gov't would say to me? "Msmax, we totally sympathize with you & your personal story. While we indeed understand your personal plight, we still have laws by which you must abide if you want to be here. And the first one is that you have to register legally. Love ya, but ya gotta go because you're here illegally." There's nothing racist about any of it. Gov'ts have laws to protect all the people...the ones who are here legally & the ones who aren't.

Report Comment
John, Tulsa (10/31/2007 9:33:57 AM)
To 124

So does HB1804 get rid of ALL hispanics? That's what the Nazi's tried to do to the Jews, get rid of ALL of them. If HB1804 doesn't get rid of all hispanics (or any specific people group for that matter) then the comparison still doesn't apply. What specific language in the bill specifies the people group exactly?

It's still a horrible argument any way you cut it. Ethnic cleansing? I'm sure if you sat down with a Jewish person or someone from Bosnia, maybe even a native American like I am, they could tell you a thing or two about ethnic cleansing.

Report Comment
educate yourselves, (11/2/2007 9:45:47 AM)
After independence, the formerly Spanish territories were under Mexican control. Mexico forbid Anglo immigration.

Whites consistently broke Mexican law when they illegally invaded California and the Southwest.

In Texas, the Mexican government had given permission for some whites to emigrate. But thousands more Anglo immigrants, or criminals, arrived illegally.

Prior to 1823, there were less than three thousand white people in Texas. At that time, the Mexican government had given Stephen Austin permission to live there along with a few hundred other Gringos, with the condition that they would become Mexican citizens, they would speak Spanish, and they would pledge allegiance to the Mexican government. But white colonists began to enter the territory illegally and brought their slaves with them. Within a decade, whites outnumbered the Hispanic inhabitants. Gringos were interested in the rich agricultural lands of the Texan territory. These were the illegal aliens of their day, see Patricia Nelson Limerick, The Legacy of Conquest: The Unbroken Past of the American West. By 1830, whites outnumbered Mexicans 25,000 to 4,000.

In 1835 Sam Houston, who had illegally crossed into Texas, argued against mixing with the Mexicans, “no matter how long we may live among them.” See Houston speech to Soldiers, January 15, 1836, in the Papers of the Texas Revolution, 1835-1836, gen. Ed. John J. Jenkins, 4:30. The Gringos eventually overwhelmed the original inhabitants of the territory and began to impose the English language on them.

According to Mexican Lieutenant Jose Maria Sanchez, the foreign intruders “have taken possession of practically all the eastern part of Texas, in most cases without the permission of the authorities. They immigrate constantly, finding no one to prevent them, and take possession of the sitio (location) that best suits them without either asking leave or going through any formality other than that of building their homes.”

During the Battle of the Alamo, the defenders were fighting for slavery, which Mexico had abolished in Texas in 1829. After the defeats at the Alamo and Goliad, on April 21, 1836, Sam Houston’s army of less than 800 men defeated Santa Anna's army as it camped out on the San Jacinto River, east of present-day Houston. The next day, Houston's army captured Santa Anna himself and forced him to sign a treaty granting Texas its independence, a treaty that was never ratified by the Mexican government because it was acquired under duress.

Soon after, these Anglo aliens usurped Mexicans’ land. They began to dishonor Mexican land claims. They passed new laws in English, a foreign language for those Mexicans whose border had moved. Often Mexican land was auctioned off for pennies an acre for failure to pay taxes. Mexicans were commonly lynched and whole communities were driven out of Texas towns.

Gringos carried out raids in which they murdered Mexicans and forcibly took their land and stocks. Historian A.B.J. Hammet states that Mexican families were “driven from their homes, their cattle and horse and their lands, by an army of reckless, war-crazy people.” In 1839 over a hundred Mexican families were forced to abandon their houses in the town of Nacogdoches by invading Gringos. The mayor of San Antonio in 1840, Juan Seguin, states in his “Personal Memoirs of John N. Seguin”, how Mexicans came to him repeatedly from protection of the invading whites. Eventually, he had to flee to Mexico because of personal threats against him.

Anglo outlaws raided Mexican ranches, killing the inhabitants, burning homes and stores. Mexican livestock was declared public property and the invaders forcefully took Mexicans’ property and their land. Mexicans were driven out of Austin in 1853 and again in 1855. They were expelled from Seguin in 1854, from Matagorda and Colorado Counties in 1856, and from Uvalde in 1857.

Rancher Faustino Morales recalls that how the Gringos “ca

Report Comment
Jerry, Tulsa (11/5/2007 5:48:29 PM)
To # 27, Doug Tulsa: For your information, one of the instigators against the law 1804 is a Bolivian Man who owns Casa Laredo, a Mexican Restaurant that hire illegals for the cheap labor. Check it out!
Report Comment
me, (10/25/2007 8:55:58 AM)
#115 MC you don't need to translate I did it for you if you would only read. By the way "mendigo" means beggar. You claim you help Latinos, but look what you write here and on other stories, thats where the sell out comes in. What would you call someone that is very nice to you and when they walk to the next person talks about you. Let me think "back stabber" maybe.
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me, (10/25/2007 9:08:27 AM)
#124

I totally agree with you. I do think Rivera should of tone down a little. To me its more like the begining of what the Nazi's did. They started to pass laws and by the time they new it, they were killing people.

We have always gone to the rescue of everyone else. Who will rescue us if this were to happen.

Report Comment
MC, Tulsa (10/25/2007 10:18:08 AM)
127 me

Sell out? All I'm saying is to do everything right. What do you think that we should just do? give things to people who feel that they don't need to follow the procedures to be here legally. Oh wait just because they are Latinos it should be and exception, right. I have friends from Vietnam in California that got deported because the visa that they had received expired. But I can say this, you are the back stabber because if you cared then you would want them to be here legally so they don't have to take the lower payed jobs. So just think about what you are saying.

Report Comment
me, (10/25/2007 11:36:58 AM)
129 mc

I dont believe in giving things to people just cuz they feel I should. But these people have been here years not days but years. WHY didnt you and your friends that now want them deported do something about it in 1986 or 1987 not sure which year that several people got legal. Some say who cares about the kids they should of thought about them before crossing, we have no compasion they did the crime. Ok if that is the case then we shouldn't have compasion for the children of rapist, drug dealers, muderers and more.

I have compasion for all, you think your the only one that knows Vietnam people. I know several from diffrent parts of the world that the only crime they did is come here and over extended their visa.

I dont know what part of its impossible for them to get legal you guys dont understand. Everytime something comes up for them to get permission, you guys complain and call it amnesty.

Look at the Dream Act. These kids would have to go to college paid by them or would have to be in our armed forces for 2 years. What happened everyone called that amnesty and it was not amnesty. After these kids did this they would not get citizenship, just a visa that they could be here, like a green card.

So tell me how can I help them get legal?

Report Comment
MAC, San Diego (10/25/2007 5:32:38 PM)
What? The Dream Act was going to give these kids preference over American kids. They would get cheap in state rates while other kids wanting to go to that school, say from San Diego, would have to pay out of state rates that are off the charts. That's total BUNK.

I have no problem with someone who is here illegaly so much as I have a problem with them yanking at my wallet while they are here. Pay your own freakin way!! If they had done that from the start there it never would have came into the spotlight to begin with.

Report Comment
DallasAtty, Dallas (10/25/2007 5:33:15 PM)
To #121 - Peace, (Shalom) If I were having trouble making ends meet, would that give me the right to break into your home and steal your food and money? After all, according to your logic, it is acceptable to break the law if I need to feed my family.
Report Comment
Peace, (10/24/2007 7:09:56 PM)
I have a question "If this country was corrupted and if you were only making $20 a month, would'nt you seek better opportunities for you and your loving family so they can eat and do things we all like to do? they don't have an option, but to cross the border! it is soo dificult to get a visa.
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