Read the lawsuit filed in Tulsa County District Court challenging the constitutionality of HB 1804.
tulsaworld.com/1804petition

More than eight months after attorneys argued legal points in a Tulsa County courtroom, a judge has yet to rule on a challenge to the constitutionality of a state law dealing with immigration.

After listening to lawyers address the issues on April 11, District Judge Jefferson Sellers did not resolve the matter and set no decision date.

He gave lawyers the opportunity to submit proposed "findings of facts and conclusions of law," which were filed in May.

Sellers recently said the case is still awaiting his decision, and he declined to estimate when that will be issued.

Sellers is "very thoughtful," said Steve Hickman, one of the attorneys who filed the case Jan. 3.

"Hopefully he will come to the right decision," he said.

The suit contends that the law known as House Bill 1804, enacted in 2007, creates a Bureau of Immigration in Oklahoma and allows for appropriation and expenditure of public funds in violation of the state constitution.

The plaintiff is Michael C. Thomas, identified as a resident taxpayer of Tulsa County. His father, James Thomas, is one of his attorneys and also is a law professor at the University of Tulsa.

The lawsuit asserts that HB 1804 includes multiple subjects in violation of a constitutional requirement that every act of the Legislature must embrace only one subject.

The suit — seeking to prevent an "alleged wrongful expenditure of public funds" for "enforcement of an unconstitutional statute" — listed Gov. Brad Henry and the Tulsa County Board of Commissioners as defendants. The commissioners have been dismissed from the case.

Henry is represented by state Attorney General Drew Edmondson's office.

On Henry's behalf, Assistant Attorney General Daniel Weitman has argued that the law "touches on immigration" but does not establish a Bureau of Immigration.

HB 1804, which was "overwhelmingly" approved by the Legislature, is intended "to protect the taxpayer and the state's resources from the adverse affects of illegal immigration," Weitman has said.

Among other facets, the law makes it illegal to knowingly transport illegal immigrants, creates state barriers to hiring illegal immigrants and requires proof of citizenship before one can get certain government benefits.

In June, U.S. District Judge Robin Cauthron of Oklahoma's Western District issued an injunction in a federal lawsuit involving HB 1804. That suit was filed against the state by multiple chambers of commerce and business groups.

Cauthron'sinjunction blocked two aspects of the law from taking effect as scheduled on July 1.

One would require an employer to verify a worker's eligibility for employment within the United States before that employer could be eligible for state contracts. The other would require businesses to verify the work- authorization status of individual independent contractors to avoid state tax penalties.

An appeal of that injunction is unresolved before the 10th U.S. Circuit Court of Appeals in Denver.

The Tulsa County suit says it raises challenges "premised exclusively upon the Oklahoma Constitution, without any federal constitutional consideration."

James Thomas said Sellers does not need to delay a ruling until after the 10th Circuit rules on Cauthron's case.

A plaintiff's memorandum in the Tulsa County case says that "this is the time for this Oklahoma state court to provide the leadership to the federal courts." It also "respectfully points to the passage of time that has elapsed since the parties last argued the case."

Edmondson's office has asserted that statutes created by HB 1804 are not in violation of Oklahoma statutory law or the state's constitution.

James Thomas said that however Sellers rules, his decision will be appealed to the state Supreme Court.

House Bill 1804 law

• Makes it a felony to knowingly transport illegal aliens.
• Creates state barriers to hiring illegal immigrants.
• Requires state contractors to check the immigration status of workers.
• Requires proof of citizenship to receive certain government benefits.