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HB 1804 lawsuit stays stalled
 
By DAVID HARPER World Staff Writer
Published: 12/30/2007  2:40 AM
Last Modified: 12/30/2007  2:40 AM

A Tulsa federal judge won't revive a group's challenge to the new immigration law.

A federal judge has denied a motion asking him to reconsider his dismissal of a lawsuit that challenged a new state law on illegal immigration.

In the same order issued late Friday, U.S. District Judge James Payne also ruled that a request by the plaintiffs to file a new version of the case was a moot point.

Rep. Randy Terrill, the author of the measure, House Bill 1804, said Saturday that it came as no surprise to him that the plaintiffs' side would keep trying to "trump up" some sort of reconfigured challenge to the law.

Terrill said he would expect the plaintiffs to turn their attention at some point to the 10th U.S. Circuit Court of Appeals instead of trying to get Payne to change his mind.

He predicted, however, that those challenging the law will probably have "about as much success there" as they have had in the district court.

"I'm very comfortable with where we are," Terrill said.

The National Coalition of Latino Clergy had filed in October two versions of a lawsuit seeking to halt HB 1804.

Several key provisions of the legislation became law Nov. 1.

The Rev. Miguel Rivera, the presi dent of the coalition, said Saturday in a telephone interview from the Washington, D.C., area that he expects an appeal to be filed with the 10th Circuit soon after New Year's Day.

"We will continue fighting 1804," he said.

The appellate court can sometimes take a year or more to issue opinions, but Rivera said the plaintiffs will ask it to consider the appeal "on an expedited basis."

Among other things, the new law makes it illegal to knowingly transport illegal immigrants, creates state barriers to hiring illegal immigrants and requires proof of citizenship to receive certain government benefits.

Payne denied the plaintiffs' request for a preliminary injunction Oct. 31. He appeared to dispose of the case Dec. 12 in an 18-page order that granted the de fendants' motion to dismiss the suit.

Payne wrote in his Dec. 12 order that the plaintiffs' complaint was "breathtakingly broad."

He continued that "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 complying with federal law.

The plaintiffs' attorneys asked Payne on Dec. 21 to vacate his judgment and permit them to file an amended version of the lawsuit.

One of the attorneys, William J. Sanchez-Calderon, argued in the Dec. 21 pleading, "The grounds cited for dismissal of some of the plaintiffs are easily cured by an amendment."

Payne dismissed the first version of the lawsuit Oct. 22 because the plaintiffs could not show that the law had damaged them before it took effect.

The plaintiffs responded Oct. 25 by filing the current incarnation of the suit, which featured unidentified individuals who claimed that they would face eviction unless they could provide a valid driver's license and a valid Social Security number.

However, concerns over the legal "standing" of these plaintiffs to challenge the new law also formed the underpinning of Payne's subsequent decisions, including the one entered Friday.

Although Rivera said that he appreciated the time Payne has spent, he ex pressed disappointment that the opinions have dwelled on the issues of legal standing and not the larger, constitutional matters.

Terrill said that Payne's Dec. 12 order was "about as strong a procedural opinion as we could have hoped for." He predicted that "pieces and parts" of it will surface in other court decisions dealing with similar measures in other parts of the country.

Terrill said he had read a lot of those court documents from other parts of the U.S. and found Payne's analysis of the issues to be the "most concise, thoughtful and well-reasoned" of any of them.


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

By DAVID HARPER World Staff Writer

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Report Comment
Delphi, Tulsa (12/30/2007 3:25:30 AM)
The real fight is coming. It will be handled by professionals, not those clowns seeking the spotlight.
Report Comment
The Oracle, Tulsa (12/30/2007 5:16:24 AM)
We have a large, legal Hispanic community in Tulsa.There is a legal way for immigrants to work in Tulsa and the United States.When the "Revs" get involved and employers of illegals get involved it is about money.
Report Comment
JanetP, (12/30/2007 5:21:52 AM)
"Although Rivera said that he appreciated the time Payne has spent, he ex pressed disappointment that the opinions have dwelled on the issues of legal standing and not the larger, constitutional matters."

This is an absurd statement. Every lawsuit begins by setting out the legal right of the petitioner to ask for relief.

Report Comment
jam, tulsa (12/30/2007 5:25:09 AM)
Glad to see some common sense in the courts for a refreshing change. When 1804 reaches the appeals courts...look out...anything could happen. Hopefully 1804 will prevail and the illegals won't be able to continue draining resources intended for legal "citizens".
Report Comment
wmcol, Tulsa (12/30/2007 6:36:37 AM)
Immigration is huge problem for Republicans. The GOP intent is to intimidate LEGAL hispanics, and to create a voter ID process that will intimidate the masses of poor, minority and influential citizens. But this is one extremely worthy of hispanics and other minorities jumping through whatever hoops are placed before them by the Republicans in their sordid attempts to disenfranchise a gargantuan section of our American society. Be a true American and stand up for this nation, say no to the GOP inhumane and deceitful schemes to steal more elections.
Report Comment
jam, tulsa (12/30/2007 7:36:21 AM)
#5, that's typical liberal, leftist, socialist, paranoid, nonsense! ILLEGAL immigration is a HUGE problem for all LEGAL citizens...be they Dems or Reps. Most folks dismiss your blather for what it is...pure nonsense.
Report Comment
John, (12/30/2007 8:14:13 AM)
If the Rev. is disappointed that the decisions have dwelled on the issues of legal standings and not the constitutional matters, he might look and the Constitution, it starts “We the People of the United States……..”
Report Comment
wtf, tulsa (12/30/2007 8:40:18 AM)
we have friends in california who WISH their state could have such a strong bill against illegal immigration. the illegals have sucked their infrastructure dry, the state is just about bankrupt. they are now robbing peter to pay paul and getting ready to release on the order of thousands of prisoners into the community. surely many of whom are ILLEGAL.
Report Comment
Miguel, (12/30/2007 8:51:53 AM)
You Gringos need to shut up & let us Latinos rule like we do in Mexifornia. This is our land first not you Honkies place. We will change this state to Mexihoma & out populate you with your free school, medical care & not paying any taxes.
Report Comment
ethical?, (12/30/2007 9:16:09 AM)

March 8, 2006 | President Bush's nomination of Judge James H. Payne to one of the highest courts in the nation has been withdrawn, following questions raised in late January about Payne's ethics.

Currently chief judge of the U.S. District Court in Muskogee, Okla., Payne was nominated by Bush to the Denver-based 10th U.S. Circuit Court of Appeals last September. At the time, his nomination appeared to have no roadblocks: His 2001 nomination by Bush to become a district judge in Oklahoma had been confirmed unanimously by the Senate, and as it had in 2001, the American Bar Association gave Payne its top approval rating in December as he headed toward the 10th Circuit. But Payne's qualifications drew scrutiny after Salon reported on Jan. 23 that Payne's career on the federal bench was riddled with conflicts of interest: Court and financial records show that he issued more than 100 orders in at least 18 cases involving corporations in which he had reported stock holdings. Both federal law and the Code of Conduct for U.S. judges prohibit judges from sitting on such cases.

In response to that initial report, Senate Judiciary Committee staff, as well as the chief judge of the 10th Circuit Court, said they planned to look further into Payne's record. Meanwhile, also on the heels of the report, Payne abruptly disqualified himself from two product-liability suits against drug titan Pfizer -- a company in which Payne has reported stock holdings of up to $15,000 since 1999. After learning about the conflicts of interest, the American Bar Association reevaluated Payne, and lowered his rating Feb. 21.

The White House announced the withdrawal at 8 p.m. EST Tuesday. Apparently the decision to stop his career short of the nation's second-highest bench came at Payne's own prompting. "He asked to have his name withdrawn, and we've honored that request," said White House spokesman David Almacy.

Payne, who has never commented on or disputed the findings in the Salon reports, did not return a phone call to his office late Tuesday.

Professor Stephen Gillers, a legal ethics expert at the New York University School of Law, said a pattern of conflicts like Payne's "really speaks ill about a judge's awareness of his responsibilities" and can "easily explain" the decision to withdraw. A Senate confirmation hearing for Payne that would have been likely to highlight the ethical problems, Gillers said, could have proved embarrassing to the Bush administration, Oklahoma's two Republican senators, James Inhofe and Tom Coburn -- who have backed Payne so far -- and the judge himself.

"This is going to have a ripple effect on district judges who aspire to the circuit to pay more attention to the recusal rules," Gillers added. "This is a bold announcement to the federal trial bench that the recusal rules do matter and that ignoring them can kill your aspirations to promotion."

While the White House said it was Payne's decision, Gillers noted, "If the White House and the senators said, 'We're with you, we'll stand by you, we can beat this,' I don't think we'd be in this situation."

Republican and Democratic staff of the Senate Judiciary Committee, which had not yet scheduled Payne's hearing, declined to comment. Inhofe and Coburn did not return Salon's phone calls.

Professor Steven Lubet, an ethics scholar at the Northwestern University School of Law, suggested there might be other reasons for the Payne withdrawal aside from the conflict-of-interest issue. "Given the judges that the White House has backed to the hilt, I would speculate that there's something here that has caused them pause, and I would just have to guess that it's not something that we're aware of," Lubet said.

The ethics problem, however, may well be enough to sink a nomination in this political climate, said Professor Monroe Freedman, of the Hofstra University School of Law. "Possibly, Republican senators are getting a little bit anxious about any more tarring, and the situation with this guy

Report Comment
C.G., Tulsa (12/30/2007 9:20:51 AM)
Every time I tune to C-SPAN,or just to radio or TV I hear propaganda such as #5 was speaking. The liberals have expertly turned the classes against each other for as long s I can remember. They have been taking our money from us and handing it back to the ones who drink the Kool-Ade that they think is free and vote the gift givers back in power.
Report Comment
getreal, tulsa (12/30/2007 9:54:04 AM)
Dear #8;

All that sounds really good. Tell where we can find the facts about California's pending bankruptcy, when the state's bond's have had their credit rating lowered, and when we can expect the collapse of the world's 5th largest economy. Please give an exact resource that is credible (not Rush) and can be verified. This is real news, if true.

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Sara, Tulsa (12/30/2007 10:09:33 AM)
#9. Miguel.. Dream on you poor ignorant goon. You just as well head your stinking self right back to Mexico.

Where are you illegals going to work now that H.B. 1804 is law?

The housing market is down, which means no construction, no roofing, no pooring cement, it is winter time, there is no farm labor, DHS is checking for proof of citizenship, there goes your freebies. So, what are you going to do? You had better head back to Mexico before it is too late.

THE FREE RIDE FOR YOU ILLEGALS IS OVER !!!!!!!

Report Comment
larry, (12/30/2007 10:37:39 AM)
*****TULSA WORLD****Why **Do***YOU ****Keep **DELETING THIS POST?*******

Lack of respect for the rule of law vastly increases the possibility of tragedy. That axiom was proven on a fateful day in October after one American family’s tragic encounter with an immigrant who had made a mockery of the rule of law by coming to America illegally. Because of that choice to evade the law, lives were shattered.

In a letter in the editorial section of the Times-Republican, Mona Kilborn of Marshalltown, Iowa described the tragedy her family suffered. In her own words:

Looking for a better life? By Mona Kilborn

Many of us have heard the often repeated phrase, "They are just looking for a better life" referring to the illegal aliens flooding into the U.S. That may be true for some — we don’t know — but for some it is absolutely false. Case in point — our family’s experience with an illegal

The date: October 7, 2007. Place: 18th Ave. and Anson St., Marshalltown. Event: An illegal alien with a fake driver’s license ran 2 stop signs, crossed 3 lanes, and broadsided us at a high rate of speed and rolled our van over. My Mother: Dead. My husband: Broken back, broken hand, 4 broken ribs, many lacerations including glass still embedded in his face. My Dad: Eight crushed ribs, abdominal injuries and surgery, dead spouse. Myself: Dead Mother, lacerations, broken ribs. Another passenger with us — lacerations.

Now for the consequences. For the illegal alien driving — a stop sign violation. The fine — $0. Apparently when one is looking for a better life there is no money for fines! For the owner of the vehicle allowing someone to drive without a license — fines and court costs totaling $182. Apparently ICE (Immigration Customs Enforcement) took the driver and we assume she was deported. We have no closure as we don’t even know what happened to the woman who killed my mother. The court record states that she no longer requires supervised probation (for a prior charge) since she is out of the country. We do wonder if she is back in the US with new fake papers. We probably will never know. When others have been deported we hear wailing about families being separated. Our family was broken. In our case the illegal alien was into family disruption — our family. So we are left holding the bag — medically, emotionally and financially.

The consequences for our family have been somewhat higher! Already the medical costs are approaching a half million dollars. The amount of pain, both physical and emotional is beyond description. Family and friends have to deal with the loss of my mother — a very vibrant and active woman. My Dad has lost his soul mate and now lives with us as he recovers. Dad spent 2 weeks at the University of Iowa and endured surgery, ICU and unbelievable pain. My husband had surgery for his broken back, spent 2 weeks in the hospital and now 2 months after surgery is still working hard to recover. The lifelong implications are still unknown. I took a month off work and still provide care for my Dad and husband. As for the teen with us — who knows what the psychological consequences are? Plus the amount of paperwork for insurance is nearly a full-time job. Another hidden cost is the disability that my husband’s employer pays while he can’t work.

So the next time you hear the phrase "they’re just looking for a better life," you might just wonder at whose expense. We accessed the Iowa Court online public information. What a list of charges we found for the driver and the owner of the vehicle that hit us. There was a long list including but not limited to methamphetamine, OWI twice, assault causing bodily injury, child endangerment — multiple charges, passing a stopped school bus, disorderly conduct, failure to have a valid license — the driver of the vehicle (to solve that she got a fake license), failure to have a valid license (multiple charges for the owner of the vehicle), serious assault, no insurance, failure to have vehicle registration, etc. When illegal aliens br

Report Comment
smitty, tulsa (12/30/2007 11:27:15 AM)
Dear Sara;

The way you speak, your dad must have been the grand wizard. You sound like a typical uneducated hillbilly from Oklahoma. Most civilized people do not have to resort to name calling. Go burn a cross in your yard, but watch the broken dow cars!

Report Comment
mr, bartlesville (12/30/2007 12:06:02 PM)
Ever since HB1804 passed I don't see all of the mexicans waving the Mexican Flag around ,they had there mexican flags on there cars ,clothes and on there houses,now these illegals are in hiding. I wonder want happen if we flew our flag in Mexico ? By the way #9 MIGUEL you have been trace to Ramona
Report Comment
Randy, (12/30/2007 12:17:16 PM)
# 12 Go to Federation for American Immigration Reform And search around in there you will find the facts.
Report Comment
Susan, (12/30/2007 12:22:55 PM)
Miguel, if you had done such a good job governing in your country as you claim, you would stay there. The fact is you want America because you will not force your country to change and improve the lives of their citizens.

As a taxpayer, I resent my dollars going to support your families instead of the American people the need help. I don't want to support you anymore, nor do the majority of Americans.

Report Comment
To Susan, (12/30/2007 12:39:12 PM)
#18 Susan..

Miguel is not for real..He's just a moron who wants to create controversy and problems amongst people posting here,

so dont pay attention to him

Report Comment
Sara, Tulsa (12/30/2007 12:41:12 PM)
#15. Smitty... I had rather be an uneducated hillbilly from Oklahoma than to be a stinking illegal criminal from Mexico !!! Apparently you are not civilized then, with all of the name calling you called me. Oh well, that just shows how totally ignorant you really are. As for the broken down cars, you have the wrong race here, I am an American, I believe you were referring to the Mexicans when you mentioned a bunch of broken down cars in the yard along with trash piled so high one can only see the roof of the house.
Report Comment
wmcol, Tulsa (12/30/2007 12:42:25 PM)
"ILLEGAL immigration is a HUGE problem for all LEGAL citizens...be they Dems or Reps."-jam Especially are you correct when HB1804 is primarily a part of a GOP scheme to disenfranchise LEGAL hispanics, other LEGAL minorities, and LEGAL uninfluential citizens. Most folks dismiss your blather for what it is...pure nonsense.

Report Comment
Sara, Tulsa (12/30/2007 12:48:14 PM)
. I just realized that SMITTY is not for real either. Just another dunce trying to cause trouble.

Tulsa World knows these things when reported.

Report Comment
Sara, Tulsa (12/30/2007 12:52:17 PM)
COMMENT # 20 IS FOR THE FAKE "SMITTY."
Report Comment
Cherry, Tulsa (12/30/2007 1:11:49 PM)
My neighborhood is alot quieter since the illegals took off. Thank you Oklahoma for doing something right for once. Now for all you goons out there, what part of ILLEGAL don't you get? Stop trying to change our laws. Our illegal immigration laws have been around for years and will continue to be enforced. If you like our country so much, come on in legally. I say fight for your right to be here, but don't take your fight to our courts, take it to Iraq and stand by the country you so want to be a part of.
Report Comment
david, BrokenArrow (12/30/2007 1:11:57 PM)
# 22 Sussie Rotten Croch, I heard you got turned down by a mexican,and that is why you hate them. is that true?
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