Read the lawsuit filed in Tulsa County District Court challenging the constitutionality of HB 1804.

A court action filed Thursday asks a Tulsa County judge to declare that a new state law dealing with illegal immigration violates the Oklahoma Constitution.

The plaintiff in the case is Michael C. Thomas, identified as a resident taxpayer of Tulsa County, who seeks "to prevent an alleged wrongful expenditure of public funds by the State of Oklahoma and Tulsa County" for enforcement of an unconstitutional statute, according to the lawsuit.

One defendant is Gov. Brad Henry, "who is charged with the responsibility of seeing that the laws of the state are faithfully and constitutionally executed, including the lawful expenditure of public funds," the court filing states.

The other defendant is the Tulsa County Board of Commissioners, the "elected public body obligated and responsible for the expenditure of public funds required in the enforcement of the extensive provisions incorporated" in House Bill 1804.

The document requests an injunction to prevent enforcement of provisions of HB 1804 until a court hearing is conducted.

Several key provisions of HB 1804 became law on Nov. 1.

The case is assigned to District Judge Jefferson Sellers. No hearing date is scheduled.

One attorney involved in the case is James C. Thomas, a law professor at the University of Tulsa and the father of plaintiff Michael Thomas.

James Thomas, who has filed cases previously on public interest issues, said he needed a taxpayer to be the plaintiff and that his son agreed to fill that role.

Regarding HB 1804, James Thomas said, "I feel very strongly against it."

James Frasier and Steve Hickman are also listed as attorneys for the plaintiff.

In the suit, "we basically ask for the law to be struck down," Hickman said.

The suit states that the challenges it raises to HB 1804 "are premised exclusively upon the Oklahoma Constitution, without any federal constitutional consideration."

The suit asserts that the immigration law is unconstitutional on its face "for the reason that in substance and effect it creates a Bureau of Immigration and allows for the appropriation and expenditure of public funds" in direct violation of the state constitution.

The new law also unconstitutionally delegates legislative authority to federal agencies and other public entities within the state without providing the necessary and adequate standards, the filing says.

HB 1804 "embraces multiple subjects" in direct violation of the constitutional requirement that every act of the Legislature shall "embrace but one subject," the action maintains.

James Thomas said that if a Tulsa County district judge "rules against us on the merits, we will definitely" appeal the matter to the state Supreme Court.

Last week, U.S. District Judge James Payne denied a motion asking him to reconsider his previous dismissal of a federal lawsuit that challenged the same state law.

Among other facets, 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.

James Thomas said Payne's ruling was based on the issue of whether the plaintiffs involved in that federal case had legal "standing" to challenge the new law -- and not on its constitutional merits.

Rep. Randy Terrill, R-Moore, author of HB 1804, was not reached by phone Thursday for possible comment on the Tulsa County lawsuit.

Last month, Terrill said that "it has been my position all along that House Bill 1804 would withstand any legal challenge brought against it."

When Payne issued a December order to dismiss the federal case, Terrill said, "This is a great day for the citizens of Oklahoma and the rule of law."

Bill Braun 581-8455
bill.braun@tulsaworld.com