Tulsa World: Judge affirms his ruling on state immigration law

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Judge affirms his ruling on state immigration law

By BILL BRAUN World Staff Writer
Published: 5/22/2009 2:25 AM
Last Modified: 5/22/2009 4:51 AM

A Tulsa County judge is sticking with his ruling that upheld the constitutionality of most parts of a state law dealing with immigration.

At a hearing Thursday on a motion requesting that he reconsider his Feb. 11 ruling, District Judge Jefferson Sellers declined to change any part of his decision.

James C. Thomas, an attorney who challenged the constitutionality of House Bill 1804, said the case will now be appealed to the state Supreme Court.

In his February decision, Sellers rejected allegations that the law known as HB 1804, enacted in 2007, created a Bureau of Immigration in Oklahoma and allowed for appropriation and expenditure of public funds in violation of the state constitution.

Other than one point, the judge rejected assertions that HB 1804 included multiple subjects and violated a requirement that every act of the Legislature must embrace only one subject.

The stated purposes of HB 1804 "may be summarized into one common theme: to discourage illegal immigration," Sellers wrote.

A section involving denial of "resident tuition for higher education to those who have successfully completed the General Education Development test" is "altogether unrelated to the common theme" and does violate provisions of the Oklahoma Constitution, he decided.

However, that void part is "severable" from the rest of HB 1804, Sellers indicated.

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 to get certain government benefits.

The plaintiff in the lawsuit at issue is Michael C. Thomas, identified as a Tulsa County taxpayer. His father, James Thomas, is one of his attorneys.

The lawsuit, filed in 2008, named Gov. Brad Henry as a defendant. Henry is represented by state Attorney General Drew Edmondson's office, which agreed with Sellers' legal conclusions except for his finding on the tuition/GED issue.

Following that February ruling, the plaintiff filed the motion for reconsideration that was resolved Thursday.

Bill Braun 581-8455
bill.braun@tulsaworld.com By BILL BRAUN World Staff Writer

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	Report Comment Tony G, Tulsa (5/22/2009 6:02:33 AM) Until a bill is passed to go after the employer, nothing will change
	Report Comment texasbill, (5/22/2009 7:54:29 AM) Federal issue. Making laws that over lap. conflicting laws > How about the feds deal with this. I guess it makes the rednecks happy. It also help the nut politicians get elected. HATE is a great vote getter! Everyone have a great memorial day.
	Report Comment texasbill, (5/22/2009 8:04:50 AM) SORRY, I forgot. I read a story of a Mexican GREEN card holder. Can you believe their going to give him a disability check for injuries received in Iraq. That just made a redneck choke on his chew! ya gotta love it!
	Report Comment BettyRubble, (5/22/2009 8:41:54 AM) TEJAS BILL - Just because you don't have a problem with your state being overrun doesn't mean Oklahoma should follow you off the cliff.
	Report Comment twilightnan, BA (5/22/2009 10:48:19 AM) Texasbill "HATE is a great vote getter!" I myself don't hate who they are I just hate the fact that alot of them won't follow the same laws that we are required to follow, such as refusing to maintain insurance and learning to speak English. What country can we go to and expect them to learn our language?
	Report Comment Tulsashooter, Tulsa (5/22/2009 11:19:52 AM) After 1804 passed, several things occurred by the end of the first 30 days. The apartments near my home in the Eastside emptied out, the crime rate in the neighborhood dropped, junk cars left on the streets,unlicensed taco stands and graffiti began to disappear and bands of "Latin Kings" who acted as if they owned the streets left. Queen Kathy and the Tulsa World opposed 1804, but their neighborhoods are too expensive to be overrun by immigrants who jam 14 people into a one bedroom apartment. Its understandable why they objected. They need domestic and landscaping help and they can avoid paying minimum wages if they are dealing with illegals. What a bunch of hypocrits.
	Report Comment justiceawaits, Claremore (5/22/2009 2:35:04 PM) Michael C Thomas and his father need to move down to Mexico if they want to be surounded by Mexicans so badly. 61st and peoria used to be a really nice neighborhood until the city decided to put in a buch of public housing units. Now it`s just as nasty as the northside. Even a dog knows not to crap in his own yard. Ask any native american what happens when You have a lax immigration policy.
	Report Comment 1804fan, Tulsa (5/22/2009 3:20:54 PM) AMEN justice awaits; you are right on. did you know that an illegal alien can appear before a judge and plead guilty to rape and get a free ride back to his home? a legal American citizen appears before the judge, pleads "not guilty" and languishes in prison for a long time before getting to trial! we really need some justice here. we need an investigation into the number of illegals who have demolished legal American lives and property and then skipped town. would be nice if the media would report that news@!
	Report Comment Mr. Brown, Fallon, Nevada (5/22/2009 6:08:25 PM) There will be no conflict with the bills overlapping, since the Fed isn't enforcing their version of immigration law at all...
	Report Comment H_Harl, (5/22/2009 6:57:13 PM) tezasbill...what does a mexican GREENCARD holder have to do with ILLEGAL immigration?
	Report Comment H_Harl, (5/22/2009 6:57:29 PM) texasbill. sorry.
	Report Comment okie ridgerunner, Small Country Town State Line (5/23/2009 12:44:32 AM) Tony G, Said it.
	Report Comment my view, Sand Springs (5/23/2009 8:47:59 AM) I'm waiting for Mike Jones to make a comment. He surely doesn't like this ruling.
	Report Comment Okie Smoky, Broken Arrow (5/23/2009 3:34:27 PM) 1804 is a racist bill and it targets mostly Mexicans. Makes the red neck right wing tools happy, the same ones that their grand pappies took land away from the "Real Americans" Oklahoma Sooner land grab. Guess what? The already had an owner. Red necks sure have a short memory!
	Report Comment ajohnb, Jenks (5/24/2009 8:51:18 AM) Okie Smoky, It targets those that are breaking the law. Period. Why do you have a problem with that? This is entirely different from the Oklahoma land run and the early immigration in the United States. These people are violating the law just by being here and taking advantage of resources paid for by tax paying Americans. I realize your dream is probably a socialist or communist state where the government takes care of everyone, but we live in the real world right now. Even Mexico does not allow illegal immigration. Try being South American and illegally cross their borders.
	Report Comment Priceless, Jenks (5/24/2009 9:09:57 AM) Really, who wants to follow California off the cliff? They are in the trouble they are in due to the giant drain on resources by people who don't pay taxes. California is a perfect example of why we need strict immigration laws.

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