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Federal judge dismisses lawsuit challenging HB 1804
By World Staff
Published:
12/13/2007 2:07 PM
Last Modified: 12/13/2007 3:28 PM
Documents:
Read the judge's order dismissing the National Coalition of Latino Clergy's lawsuit.
Read all of the Tulsa World’s coverage of House Bill 1804.
U.S. District Judge James Payne on Wednesday dismissed a lawsuit challenging a new state law dealing with illegal immigration.
The National Coalition of Latino Clergy had filed a federal lawsuit against Gov. Brad Henry and Oklahoma Attorney General Drew Edmondson, seeking to overturn House Bill 1804, which became law on Nov. 1.
The suit alleges that the law is unconstitutional and violates rights to due process for undocumented immigrants, who are listed as "John Doe" or "Jane Doe" in the list of plaintiffs.
Payne initially dismissed the suit in October because the plaintiffs could not show that the law had damaged them before it took effect.
This time the judge granted the state's motion to dismiss because the plaintiffs named in the lawsuit didn't have standing to challenge the law.
"The court is again confronted with plaintiffs bringing a broad array of constitutional and statutory challenges to a similarly broad array of state statutes," Payne stated in the conclusion of an order filed Thursday. "Again, some plaintiffs ignore the need to describe the injuries actually caused by the challenged statutes, while the illegal alien plaintiffs complain of grievances that could best be remedied by simply compliance with federal law. Both categories of plaintiffs must be dismissed for lack of standing, either on constitutional or prudential grounds."
By World Staff
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JW
, (12/13/2007 2:43:38 PM)
BWAHAHAHAHAHAHAHAHAHA!
Just go back to where you came from.
Report Comment
Doc Smarba
, Broken Arrow, OK USA (12/13/2007 2:47:55 PM)
Wow... The judge says that if illegal aliens had just followed federal law, they would not have a grievance in the first place. This man might just be the most intelligent person in government. I hope Judge Payne makes it to Supreme Court someday!
Report Comment
SraChavez
, Tulsa (12/13/2007 2:54:10 PM)
It may take several tries but we will knock this law down.
Report Comment
WO
, Tulsa (12/13/2007 3:01:47 PM)
No # sounds like she is one of the affected ones to bad.
Report Comment
whatever
, tulsa (12/13/2007 3:11:50 PM)
The lawsuit was baseless to begin with.
It's simple. Comply with existing law, and our country will welcome you. Always have, always will.
Report Comment
SraChavez
, Tulsa (12/13/2007 3:31:37 PM)
The lawsuit was not baseless. But, they apparently did not give enough detail for the judge to be able to go any other way. This is not the only iron in the fire.
Report Comment
The Oracle
, Tulsa (12/13/2007 3:34:17 PM)
Now the next step is to prosecute the "reverands" and the employers that support the lawbreakers.
Report Comment
Tulsan
, Tulsa (12/13/2007 3:36:28 PM)
The federal law is written to encourage states to assist in enforcement. Any judge who is following the law of this land would have to uphold HB 1804.
The text below is copied and pasted.
From the "Summary of Federal Immigration and Nationality Act Section 8 USC 1324"
State and local law enforcement officials have the general power to investigate and arrest violators of federal immigration statutes without prior INS knowledge or approval, as long as they are authorized to do so by state law. There is no extant federal limitation on this authority. The 1996 immigration control legislation passed by Congress was intended to encourage states and local agencies to participate in the process of enforcing federal immigration laws. Immigration officers and local law enforcement officers may detain an individual for a brief warrantless interrogation where circumstances create a reasonable suspicion that the individual is illegally present in the U.S. Specific facts constituting a reasonable suspicion include evasive, nervous, or erratic behavior; dress or speech indicating foreign citizenship; and presence in an area known to contain a concentration of illegal aliens. Hispanic appearance alone is not sufficient. Immigration officers and police must have a valid warrant or valid employer's consent to enter workplaces or residences. Any vehicle used to transport or harbor illegal aliens, or used as a substantial part of an activity that encourages illegal aliens to come to or reside in the U.S. may be seized by an immigration officer and is subject to forfeiture. The forfeiture power covers any conveyances used within the U.S.
Report Comment
Tulsa Minutemen
, (12/13/2007 3:36:31 PM)
We will never stop our efforts to rid our country of Illigals. N.E.V.E.R
Report Comment
Angelena
, Claremore (12/13/2007 3:37:37 PM)
I think the ones defending Jane and John Doe should be shipped out also. This Law is the best thing that has ever happened in Oklahoma. I hope these baseless lawsuits and challenges keep getting shut down.
Report Comment
whatever
, tulsa (12/13/2007 3:38:04 PM)
Yeah, and next time there will be sufficient details? Can't wait to read that one.
Report Comment
TS
, BA (12/13/2007 3:38:12 PM)
Illegals are going to have to get legal or GO HOME!!!!!!!
Report Comment
MAC
, Tulsa/San Diego (12/13/2007 3:38:13 PM)
Third ? appeal shot down? Awesome. At least a dozen other states have their 'irons' in the fire drawing up the same legislation. The one in AZ passed muster on the first round too.
Why not do some work in Mexico where it might actually help these people without hurting the American people in the pocket?
We are done adopting them.
Report Comment
Kent
, OKC (12/13/2007 3:40:04 PM)
I love it love it love it. Payne keeps knocking em back. God I love this guy
Report Comment
Sara
, Tulsa (12/13/2007 3:40:58 PM)
Judge Payne has ruled, not once, but twice. Now, maybe Orta and his bunch of illegal criminals will stop their brazen tactics. Not only is it a Federal Law, it is also an Oklahoma Law. It is time you illegals get it through your criminal minds and LEAVE !!!! PRONTO !!! NOW!!! You are breaking the law by being in the U.S. illegally.
Report Comment
David
, Tulsa (12/13/2007 3:43:02 PM)
Hey, don't you people have some limbs to pick up? Get to cleaning!!
Report Comment
Ed
, Tahlequah (12/13/2007 3:43:04 PM)
Since when did non-citizens have access to the same priveleges and protections awarded to citizens?
Report Comment
TS
, BA (12/13/2007 3:43:28 PM)
Hey Chavez,
Should everyone get to choose what laws they want to follow or is that luxury just left for the criminals that cross our borders illegally?
Report Comment
Tina
, OK City (12/13/2007 3:47:16 PM)
I want to have Payne's baby. Finally some justice with this mess.
Report Comment
Ramone
, River Bend (12/13/2007 3:49:58 PM)
Get these illegals out of here. I'm tired of being lumped into the same category as these trespassers everywhere I go.
Report Comment
Tired of the protest
, Tulsa (12/13/2007 3:52:13 PM)
Federal immigration law has existed since 1929.
HB 1804 went into effect November 1st.
Nothing new - it's been illegal to come here illegally, BE here illegally and work here illegally all of our lives, unless you were born prior to 1929.
There are stiff federal penalties for employing illegal workers and filing false tax information as well.
As far as I know, property gained through illegal means has always been subject to seizure.
I say hooray for Judge James Payne!!!
Hooray for Oklahoma and all those who obey the law and enforce it.
To those here illegally and those Americans who employ them - Git Legal or Git Gone!
Report Comment
John Smith
, Tulsa (12/13/2007 3:56:48 PM)
Why newborns of illegals have the right to be American citizens? In the EU at least one of the parents have to be citizen of the country to grant citizenship to their kids. Our laws are so broken !!!!
Report Comment
Bill Peterson
, Tulsa (12/13/2007 4:16:07 PM)
Please, refresh my memory. Didn't this country belonged to the Indians Native Americans? They had laws but our "WHITE" ancestors didn't care. They stolen their land, killed them and changed their way of life. I guess that was OK because; after all, we are whites... We are the best race in this bible belt State. Oh, I forgot, we stole land to Mexico too. HYPOCRITES !!!!!
Report Comment
LegalImmigrant
, (12/13/2007 4:20:52 PM)
I can't believe some of these ignorant people even know how to use computers...except for the Native Americans, we are all immigrants - some legal, most not. We just need to find a better system for legalizing immigrants, and then we wouldn't have so many people 'sneaking' in. How would you feel if you were told you could come to America but it would cost thousands of dollars and could take decades? Would it make a difference if you had a family to feed? Mexico is obviously not improving their economy for the lower class, so they don't seem to have much of a choice.
Just because Payne dismissed the lawsuit doesn't mean the topic will go away...the NCLC just needs to wait for tangible proof that HB 1804 is harming specific people, not just Jane and John Doe's. We all know what HB 1804 entails and what it will do (harm Hispanic businesses and encourage racial profiling), but there are no legal grounds to sue for 'future damages.'
Report Comment
Tulsan
, Tulsa (12/13/2007 4:22:32 PM)
Bill (post# 23)
That is such a sorry argument that it doesn't warrant debate.
America (the United States of America), is made up of people from all races, all nations and all religions.
America is comprised of legal immigrants from all over the world.
It's only in the past couple of decades that we have experienced a mass invasions of illegal immigrants.
They are NOT Americans!
They have not tried to become Americans!
They have no business here, period.
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