HB 1804 in effect
BY DAVID HARPER World Staff Writer
Thursday, November 01, 2007
11/01/07 at 9:47 AM
Watch a slide show and read all the stories in a series on the immigration of thousands of people from Casa Blanca to Tulsa.
Read all of the Tulsa World’s coverage of House Bill 1804.
Judge rules
against bid
for a delay
A federal judge denied a request
Wednesday to delay HB 1804 from
taking effect, clearing the way for
enforcement of the state's new illegal-immigration law to begin
Thursday.
U.S. District Judge James Payne
issued a written order at 6:04 p.m.
Wednesday that said the plaintiffs
did not introduce any evidence to
support their motion for a preliminary injunction.
The law's chief author, state
Rep. Randy Terrill, R-Moore, said
Wednesday night that Payne's decision "is great news for the citizens and taxpayers of Oklahoma. I couldn't be more
thrilled."
Terrill -- who has expressed optimism that the
law would withstand any legal challenge -- said the ruling means "the folks on the
side of meaningful immigration reform in Oklahoma
have been vindicated."
Payne heard arguments
Wednesday afternoon during
a hearing that drew a standing-room-only crowd to his
courtroom in downtown Tulsa.
He subsequently wrote
that the plaintiffs, besides
putting on no evidence during the hearing to buttress
their request, only made
"limited argument in support
of their motion."
Payne wrote, "The court
cannot conclude that the
plaintiffs' right to a preliminary injunction has been
clearly and unequivocally established."
The lawsuit as a whole remains alive, but Payne's denial of the injunction means the
law goes into effect Thursday.
Charlie Price, a spokesman for Oklahoma Attorney
General Drew Edmondson,
said Wednesday night that attorneys for Edmondson's office would file a request to
dismiss the lawsuit.
The plaintiffs' attorneys,
Rohit Sharma of Tulsa and
William Sanchez of Miami,
Fla., had claimed during
Wednesday's hearing that
the plaintiffs had shown a
likelihood of eventual success on the merits of the lawsuit.
That is one of the factors a
court considers when deciding whether to issue a preliminary injunction.
However, Oklahoma Assistant Attorney General M.
Daniel Weitman said during
the hearing that the plaintiffs
had shown no such prospect
of succeeding in their claims.
Weitman said the plaintiffs
failed to demonstrate sufficient prior court decisions in
other cases that would back
their legal position.
The plaintiffs argued that
HB 1804 is the sort of state
"regulation" of immigration
that is barred by the Supremacy Clause of the U.S. Constitution as well as the federal
Immigration Reform and
Control Act.
Sanchez said that the state
created a law that goes beyond federal law.
Allowing Oklahoma to do
this would invite a scenario in
which all 50 states -- as well
as an array of local governments -- could pass their
own immigration legislation,
he said.
Weitman, however, said
Oklahoma is not seeking to
regulate immigration.
This is the second attempt
to derail the law. The first
lawsuit was filed Oct. 15 in
Tulsa federal court.
Payne dismissed that suit
Oct. 22.
He found that its plaintiffs
-- the National Coalition of
Latino Clergy, its Oklahoma
affiliate, two churches, a restaurant group and a group of
anonymous individuals --
could not challenge the law
because they could not show
that it had damaged them.
The more recent suit includes plaintiffs who had
been notified by landlords
that they will be evicted unless they can provide a valid
driver's license and a valid
Social Security number.
These newly added individuals, who are not specified in
the suit, have been told that
HB 1804 is the reason for the
landlords' action, the suit
says.
The Rev. Miguel Rivera,
the president of the coalition
pursuing the Tulsa lawsuit,
said Wednesday after the
hearing that if the preliminary injunction was denied,
the plaintiffs would take the
case to the 10th U.S. Circuit
Court of Appeals in Denver.
Meanwhile, the state Department of Public Safety announced HB 1804-mandated
changes in the rules for people applying for a driver's license or identification card.
First-time license applicants, new residents, licensees looking to upgrade their
license class or anyone with
an expired license must now
supply documented proof of
legal presence in the United
States.
The rules do not apply to
people seeking to renew unexpired licenses.
The license or ID card of a
non-citizen will be clearly labeled with the word "temporary" and will be issued for
the period of time the person
is authorized to be in the
U.S., up to four years.
Applicants who do not provide the required documentation will not receive a license
or an ID card.
HOUSE BILL 1804
What is it?
A law that goes into effect
Thursday that seeks state
solutions to illegal immigration.
What does it do?
The law:
- Makes it a state felony to
knowingly transport illegal aliens.
- Creates state barriers to hiring
illegal immigrants.
- Requires state contractors to
check the immigration status of
workers after July 1.
- Requires proof of citizenship
to receive certain government
benefits.
Who’s for it?
The law was written by state Rep. Randy Terrill, RMoore,
and sponsored by state Sen. Jim Williamson, RTulsa.
It passed the state House on a 88-9 vote and the
Senate on a 41-6 vote. Gov. Brad Henry signed the bill.
The same month that Henry signed the law, an Oklahoma
Poll, conducted for the Tulsa World and KOTV, found that
one in 10 Oklahoma voters identified illegal immigration
as the state’s most pressing problem. Only education was
identified more commonly as the state’s priority.
Who’s against it?
Some religious leaders have said the law is wrong.
Attorneys for Hispanic groups argue that it is
unconstitutional and are challenging it in federal court.
Some businessmen have said the law is a bad idea
economically.
What happened Wednesday?
U.S. District Judge James Payne rejected a request for
a preliminary injunction that would have blocked the
law.
The law took effect at midnight.
Opponents of the law protested at the civic center.
Catholic Bishop Edward J. Slattery conducted a Mass
in support of immigrants.
What happens next?
A rally against the law is set for noon Thursday at
the state Capitol. A lawsuit challenging the law’s
constitutionality is still pending before Payne. Although
he rejected the requested injunction, he has yet to
rule on the merits of the case. He has asked for more
written arguments from both sides. A ruling either way
could be appealed.
Where can I learn more?
Read all of the Tulsa World’s past stories on the issue and the law itself at www.tulsaworld.com/hb1804
David Harper 581-8359
david.harper@tulsaworld.com
Associated Images:
A child looks out over a crowd of nearly 1,000 people who attended a Wednesday night Mass at St. Francis Xavier Catholic Church. The service
was held in support of immigrants; the church has Tulsa’s largest Hispanic congregation.
A child looks out over a crowd of nearly 1,000 people who attended a Wednesday night Mass at St. Francis Xavier Catholic Church. The service
was held in support of immigrants; the church has Tulsa’s largest Hispanic congregation.
|
