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HB 1804 law foes are diverse
 
By ROBERT BOCZKIEWICZ World Correspondent
Published: 11/10/2008  2:11 AM
Last Modified: 11/10/2008  2:36 AM

DENVER — Labor unions, the American Civil Liberties Union and advocates for immigrants are among a diverse coalition joining business groups in their court battle against parts of Oklahoma's House Bill 1804.

The coalition of some seemingly unlikely bedfellows has submitted arguments to the federal appeals court in Denver against the employment-related parts of the law.

In doing so, the coalition has joined the Tulsa, Oklahoma state and national chambers of commerce, which were successful in June in having a judge bar state officials from enforcing those parts.

The state officials have asked the 10th Circuit Court of Appeals to restore the provisions U.S. District Judge Robin Cauthron in Oklahoma City ruled in June are pre-empted by federal law.

Much of the opposition is focused on the part of HB 1804 that requires employers doing business with the state to use a voluntary federal worker verification system. The opposition claims the electronic system is unreliable and that the law unfairly imposes penalties on employers failing to use the "E-Verify" program.

Business groups also successfully challenged another part of the law they say creates a new type of discrimination lawsuit. The national chamber describes that section as allowing "authorized" workers to sue employers for retaining a worker that the employer "should have known" is "unauthorized."

The U.S. Chamber of Commerce says the diverse opposition is united by the belief that states should not be setting immigration policy, which should be left to the federal government. The national chamber took the lead in challenging the employment sections of the law.

"The emerging patchwork of conflicting state immigration laws is creating a national crisis," said Robin Conrad, executive director of the national chamber's public policy law firm, in a written statement.

The labor unions' opposition comes through a federation known as Change to Win, which includes the national and international unions of Teamsters, laborers, service employees, carpenters, farm workers and food and commercial workers.

It describes its purposes as promoting fairness at work; ensuring equal opportunity and rights regardless of race, religion, ethnicity, age, sexual orientation, ability, gender identify, national origin and immigration status, and fighting for fair treatment and legal protection for immigrant workers in the United States.

Among the opposition coalition are civil rights organizations challenging different aspects of the law, contending HB 1804 would interfere with federal laws designed to prevent discrimination.

"In contrast, the Oklahoma act lacks any anti-discrimination provisions," the organizations stated in their court arguments.

Also in the coalition is Human Resource Initiative for a Legal Workforce, which claims to speak for the nation's leading human resource organizations that represent employers from every sector of the economy.

The Associated Builders and Contractors Inc. and 13 other state chambers are part of the coalition.

Several of the organizations are represented by big law firms in Washington, D.C., New York and Philadelphia.

Lawyers in the Oklahoma Attorney General's Office are defending the law.

A key issue is whether the federal Immigration Reform and Control Act of 1986, which regulates employment of non-U.S. citizens, pre-empts state laws.

Civil rights groups



Civil rights groups in the coalition fighting provisions of House Bill 1804 include:

The Asian American Legal Defense Education Fund

Immigration Equality

La Raza Centro Legal

National Center for Lesbian Rights

Southern Poverty Law Center

Women’s Employment Rights Clinic

They are represented by the Lawyers Committee for Civil Rights of the San Francisco Bay Area.
By ROBERT BOCZKIEWICZ World Correspondent

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john1234, (11/10/2008 5:46:29 AM)
diverse group what a joke all of these groups have a special interest and it isn't America's well being. We now have 10,000,000 Americans out of work and we have 20,000,000 illegals in this country get rid of the illegals and we have jobs for Americans.

E verify works and Arizona has been using it and the illegals are leaving.
Report Comment
john1234, (11/10/2008 6:12:28 AM)
sure is strnage that TW didn't say "illegal alien crashes into house and was drunk" for the headline about the guy who crashed into the house this morning. just doing jobs Americans wont i'm sure.
Report Comment
Isaac Parker, Tulsa (11/10/2008 6:25:26 AM)
Well stated IMO. This issue will probably eventually bubble-up to the Supreme Court for clarification. Of course all the Chamber's of Commerce and leftist, radical organizations are in favor of cheap ILLEGAL workers in this country. As more legal US workers lose their jobs and compete with ILLEGALS for new jobs, this issue will quickly become more important.
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Taxed-2-Death, (11/10/2008 6:30:28 AM)
Before health forced me to close up shop, I attempted to use the e-verify system. The most significant issue with it is that it is an "after the fact" program. It requires that the person being reviewed has already been hired. I used only independent contractors in this state, but when I operated in Nevada, the cost to add an employee to the payroll was very high, and would have been paid prior to discovering that it was illegal to employ that person.
I have a feeling that if there were a system in place, other than a costly background check, that allowed a prospective employer -- as well as landloard or lender -- to verify the status of an applicant, HB-1804 would be redundant. Most employers don't like the idea of knowing that the person they spent a lot of time and money training could be plucked-up by the feds at any given moment, especially when they're driving a company vehicle.
Report Comment
Norman Bates, Bates Motel (11/10/2008 7:10:57 AM)
1804 foes a diverse. They're all alike. Using illegal labor to save money.
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Norman Bates, Bates Motel (11/10/2008 7:12:16 AM)
"1804 foes are not diverse" I meant to say
Report Comment
chase, (11/10/2008 7:21:46 AM)
CHAMBER OF COMMERCE,who nationally supports republicans is far from the left.they gave mccain millions for his campaign.oklahoma businesses love illegal workers.they are protected by the rich.
Report Comment
Ayo2, T-Town (11/10/2008 8:39:26 AM)
Isaac, I'm fairly left of center with politics, and am not in favor of employing illegal labor. Everyone suffers some kind of loss when we don't hire and provide a decent salary to American citizens. I love the Mexican culture, and have family who are Mexican American, but we do need to find a fair solution to illegal immigration. With the way it is now, the illegal worker is easily taken advantage of, and the American workers can't compete with someone who will work for less money. But, you know that.

Both my brother and my boyfriend are carpenters. Both are craftsmen, but they are a dying breed. Be careful when buying a new home unless you know who did the labor. Everything seems to be about throwing them together quickly, and as cheaply as possible. You can blame the American developers for that one. Also, not every Mexican does shoddy work.

Tax to death, that was a great post. Thanks for posting it. I learned something.
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my view, America (11/10/2008 8:54:46 AM)
I would be shocked to say the least if the court in Devner upholds HB1804, even though it has a geat deal of support both here in Oklahoma and elsewhere. It's quite evident to me that the federal courts have total control over our nation. We vote, we pass laws and the courts say no no, you can't do that. All for the sake of protecting the illegals we the legal citizens can just pound sand.
Report Comment
Stonewall, (11/10/2008 9:02:43 AM)
The rich guys want their cheap slave labor and are going to get it.

Obama says he's going to change the 'status quo", let's start with giving jobs back to citizens and eliminate this hogwash that's been going on for the past several decades.
Report Comment
Graychin, Eucha (11/10/2008 9:09:06 AM)
Read IMO's comment again, up at the top. He nailed it.

Report Comment
Tom2, (11/10/2008 10:00:52 AM)
Clearly, the 10th Circuit doesn't give a rat's tail what the people of Oklahoma want or even what 80% of America wants. The judiciary has become a political instrument of whatever movement is in favor at the time. Our three branches feed -- and feed off of -- each other while the media echoes their mantra. If they reverse this law, real Oklahomans might very well take to the streets with their torches and pitchforks. Seems they've left us no alternatives. I wonder why nobody has asked these cuckoos if they'd open all the borders to everyone -- or just to the Mexicans?
Report Comment
Scritchner, Tulsa (11/10/2008 10:53:31 AM)
Here's an easy way to look at this. Think of illegal immigrant employer's as engaging in 'domestic outsourcing'. Haha, jobs aren't going overseas but they aren't going to Americans either.
Report Comment
T-Town13, (11/10/2008 7:39:56 PM)
Thank you John1234!

john1234, (11/10/2008 5:46:29 AM)
diverse group what a joke all of these groups have a special interest and it isn't America's well being. We now have 10,000,000 Americans out of work and we have 20,000,000 illegals in this country get rid of the illegals and we have jobs for Americans.

Couldn't have said it better myself. And I'm tired of seeing these groups that advocate for immigrant rights. What rights do illegal immigrants have?! Oklahoma's economy is still going strong and it'll continue if we keep scaring and getting the illegals out of here and giving the real American citizens a chance at them if they want. Construction or not, it's better than nothing. Get the illegal aliens out of here!!
Report Comment
tfromtulsa, Tulsa (11/10/2008 7:50:43 PM)
phil - I noticed that after you exposed :) he hasn't been posting. Good for you!

I won't do business with places that hire employees who can't speak English. That's the first big clue that they are here illegally. If they can't speak English they screw up your food order and then you get to pay for what they want to give you, and NOT what you ordered!

How do places expect to stay in business with such crummy customer service? Don't help them!
Report Comment
Lil ol Me, (11/10/2008 9:21:14 PM)
So untrue. The majority of employers who hire illegals DO withhold taxes. They get taxes withheld from their checks, and they are turned in under the fake SSN they work under. Doesn't matter, the government takes that money no problem. Now, these same people try to file a tax return and suddenly a red flag is thrown up and they will not be getting any tax refund.

Oh and Phil, since they were "Mexicans" they were all illegal right? You are just a racist! I can just imagine they DIDN'T WANT TO TALK TO YOUR RACIST butt!

My cousin is married to a Puerto Rican and he is often called a Mexican and an illegal, etc.
Report Comment
OkieGrump, Okmulgee (11/11/2008 4:57:53 AM)
I'm amazed at the histrionics here. Rightwingers talking dirt about the most right wing capitalist organization on earth, the Chamber of Commerce...Yes, the local, state, and national Chambers of Commerce, the financial bedrock of the Republican Party has suddenly become a den of dirty (oh my goodness) capitalists worshiping the almighty dollar of profit.

This is so (insert expletive) funny I may just laugh myself to death. When will you fools figure out that the Capitalist owned Republican Party has never ever given a popcorn (insert second expletive) about the working man or woman.
Report Comment
D.Boone, (11/11/2008 6:38:54 AM)
I have decided to not submit any more posts as T.W. doesn't post them anyhow. This has happened too many times and I find that posting is a wasted effort.
Bye bye.
Report Comment
:), (11/11/2008 8:27:44 AM)
Oh, t, you silly thing! I've been busy, sweetie. Some of us actually work. John has no idea what he's talking about... ever. If you've followed his leavings over the last week, you already know that.

I am not Payam. I was here refuting your stereotypes of Hispanics, exposing your opinions on immigration as thinly veiled racism and correcting your atrocious spelling for over a year before Payam's family hit the news. I'm still here. Unlike some, I don't give you every detail of my personal life -- bank acct numbers, kid's name, blood type, full history and future aspirations. I've never even given a screen name because I know how much it aggravates you. You don't know the first thing about me personally and it eats you up!

I've seen you go through several screen names. Possibly trying to fool yourself or others into thinking more than 5 people care as much about Hispanics as you do. Didn't that gettalk flop prove otherwise? Did you notice that this story only got 30 comments? In the past, the article may have garnered 300 posts, now only 30. Perhaps that should clue you in.

Most people have more serious issues to concern themselves with. Gee, 30% losses in 401K savings spring to mind. Heck, arguments about squeezing or rolling the toothpaste have replaced immigration in the minds of most americans. Nobody cares anymore.
Report Comment
Okie1948, Tulsa (11/11/2008 9:00:48 AM)
HB 1804 law foes are diverse? Looks like the same far-out left-wing looney groups to me. It includes gays, lesbians, radical feminists, labor unions, La Raza, the ACLU and other groups for Amnesty. Just the usual cast of characters that support Barack Hussein Obama and the Democrats.
Report Comment
:), (11/11/2008 9:38:29 AM)
Few Clothes said "As an Anglo, I am living as a minority in this state."

There it is. Here in the red underbelly of the country, many people try to disguise their fear of whites returning to a minority as concern over undocumented immigration and "the law". Whites were a minority when they showed up on this continent and whites have already returned to a minority in California, Texas, New Mexico and Hawaii. But even in minority-majority states, you can rest assured that whites will make up the largest segment for years to come. So give it a rest.
Report Comment
Lil ol Me, (11/11/2008 9:49:17 PM)
Workers' Comp...there is case law, if an illegal is injured on the job, he/she are still entitled to workers' comp benefits.

You pay for a policy on all employees, not just certain employees. If an employer doesn't carry workers' comp insurance and an employee is injured on the job. they state will make sure the employer pays the workers' comp benefits and they are insured from now on or will close them down.
 

 
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