House Bill 1804 became effective in November. Business leaders have filed a federal lawsuit to stop the bill from being fully implemented and therefore thwart added requirements to verify the legal status of workers.

Beginning July 1, contractors must use a verification system to determine the legal status of workers and independent contractors.

Meanwhile, most of Oklahoma's Indian tribes have federal status, shielding them from HB 1804, tribal officials said.

Cherokee Nation spokesman Mike Miller said that the Cherokees are abiding by federal laws that govern a person's legal status to work in the United States.

"There have been no changes in (hiring) policy at Cherokee Nation and our businesses since the passage of the state law," Miller said. "We continue our long-standing policy of following the federal I-9 process, which requires proof of U.S. citizenship for all new hires."

The Cherokee Nation employs 6,500 workers through its government and business operations, Miller said.

Miller gave the demographic breakdown of Cherokee Nation workers as 70 percent American Indian U.S. citizens and 30 percent nontribal U.S. citizens or legal residents.

All Cherokee Nation employees have filled out an I-9 form, which means they have provided documentation that verifies their legal status to hold a job, Miller said.

Tribal and nontribal employers across America are required to use I-9 forms. Under this federal system, workers must fill out the form and present valid documentation that shows U.S. citizenship, legal residency or other documentation that shows permission to work in the United States.

House Bill 1804 adds an additional level of verification that requires an employer to check a person's Social Security number or other personal information through a national database. The bill targets illegal workers holding jobs in the state.

Meanwhile, the Choctaw and Chickasaw nations employ 8,300 workers and 10,000 workers, respectively. Like the Cherokees, these tribes apparently will not be required to use the worker verification procedures built into HB 1804.

Choctaw and Chickasaw officials said all of their workers have legal working status as outlined by federal hiring practices.

The Cherokee, Chickasaw and Choctaw nations are among the state's Top 25 employers, records show.

Attorney General Drew Edmondson's office agreed that the tribes could have exemption status from the new law.

"Unfortunately, there is not a simple answer," said Emily Lang, a spokeswoman for Edmondson. "Some provisions of House Bill 1804 may apply to the tribes, while some may not."

Oklahoma has 37 federally recognized tribes and two tribes that have sought federal recognition.

While the I-9 system has been fraught with problems involving fake citizenship papers, work permits and green cards, there are new changes to shore up the system.

For example, in 2007, the government eliminated several A-List items that could be used to verify a worker's legal status for employment.

The A-List involves documents that show a person's eligibility to legally hold a job in the United States.

Items that were easily faked and therefore eliminated from the A-List are: certificate of U.S. citizenship; certificate of naturalization; alien registration receipt card (I-151); unexpired re-entry permit (I-327); and unexpired refugee travel documentation.

State Rep. Randy Terrill, R-Moore, said HB 1804 addresses all employers but it is calibrated to target illegal workers in the construction and services trades.

That means that road construction companies, building contractors, agriculture processing, hotel workers, restaurant workers and landscapers are the targets.

"Illegal labor is primarily concentrated in these areas," Terrill said. "The language of the bill is our method to calibrate it to target the problem at hand."

Omer Gillham 581-8301
omer.gillham@tulsaworld.com