Yesterday’s ruling by a federal court of appeals stops enforcement of key portions of Oklahoma’s sometimes controversial immigration law known as House Bill 1804. First, a brief history.
House Bill 1804 went into effect on November 1, 2007, and its business-related immigration provisions were immediately challenged in court. On June 4, 2008, an Oklahoma City federal court ruled the following aspects of the law couldn’t be enforced:
- making it a discriminatory practice for an employer to terminate or discharge an authorized worker if the employer continued to retain unauthorized employees in the same or a similar position;
- requiring employers that contract with private independent contractors to verify that the contractor’s employees are authorized to work in the United States or to withhold Oklahoma income taxes at the top tax rate; and
- requiring private employers that have contracts with public employers or entities to participate in the federal Internet-based “E-Verify” system to verify work eligibility for new employees.
The court refused to enforce those provisions of House Bill 1804 based on its conclusion that the Oklahoma law conflicted with federal employment and immigration laws.
In yesterday’s ruling, the federal court of appeals agreed that the discriminatory discharge and tax-withholding provisions were unlawful and couldn’t be enforced. The court, however, found that the provision requiring employers that contract with public entities to enroll in and use the E-Verify work eligibility system could be enforced.
In terms of what you can expect in the future, there has been discussion at the Oklahoma State House about enlarging House Bill 1804’s mandatory E-Verify provision so that it applies to all Oklahoma employers — not just businesses that have contracts with governmental entities. We will continue to track activity on the immigration law front and keep you posted.
Charles S. Plumb is an editor of Oklahoma Employment Law Letter and a partner with McAfee & Taft in Tulsa.
Will the politicians that we elect ever carry out the interests of the American people? I read today on the AMERICAN PATROL website that President Obama is in a discussion to cap government money such as cutting back on NASA appropriations the sending men back to the moon in 1020? Yet we are still spending–BILLIONS–on illegal immigrants who have managed to settle here? If we cannot afford to go back to the moon, how can we afford to pay for illegal immigration? Obama can find billions to Prop-up States like Sanctuary California to pay for illegal immigrants, but he cannot find the cash to pay for space exploration. How can we allow millions of poor people to continue to cross our borders? So why are taxpayers forced by pariah lawmakers to pay for education, health care and even now anticipating BILLIONS more dollars to enact a ominous Comprehensive Immigration Reform? We all know by now, that this is a very crafty way to pass another AMNESTY. These people who have entered this country without permission? Every time a new immigration enforcement is passed, the open border Liberal-Democrats-Republicans use their influence to water the law down. How many of us know, that the controversial border fence is by law supposed to be–TWO SEPARATE–FENCES? Senator Obama voted for it. more than three years ago, but only 35 miles of double-layered fencing is in place and much of the remaining 360 miles of the border fencing is badly constructed–without real barriers. The Truth is the government is lying to us.
The Secure Fence Act of 2006 (Pub.L. 109-367) was enacted October 26, 2006 in the United States. The act allows for over 700 miles (1,100 km) of double-reinforced fence to be built along the border with Mexico across cities and deserts alike, in the U.S. states of California, Arizona, New Mexico and Texas in areas that have experienced illegal drug trafficking, human slavery, gun peddling, illegal immigration and the threat of terrorism. Rep. Duncan Hunter of California who was the originator of the double fence, has not seen this happen, nor the complete wall that is just open areas, with the old barbed wire strands. Underfunded from its inception, the border fence was compromised by the open border organization, that includes American business consortium’s. As in Washington today, a team of intelligence operatives stated to Speaker Pelosi that a El Queda attack was imminent within the next 6 months. This is the time to enforce our borders with the National Guard fully armed and obviously apparent along the whole 2000 feet length. The majority of our State economies are broke–with California leading the pack. Arizona lawmakers realizing the main cause of their financial dilemma, the support of illegal workers and their families.
E-Verify is one of the most successful mechanisms to remove illegal workers, but as yet it is not mandatory. It costs nothing to use it and it has been demonized by every pro-illegal immigrant group, along with corrupt politicians and their financial clients in the business consortium’s. E-Verify must be national, with no exclusions. THIS SHOULD BECOME THE No.1 PRIORITY FOR EVERY SMALL AND LARGE COMPANY, THAT KNOWINGLY HIRING A FOREIGN WORKERS CARRIES PENALTIES SUCH AS HARSH FINES AND PRISON SENTENCES. THERE SHOULD BE NO EXCEPTIONS TO THIS RULE?
Our GOVERNMENT HAS SOLD ITSELF TO WALL STREET AND BOTH WALL STREET AND THE UNITED STATES ARE DEBTORS TO COMMUNIST CHINA. We cannot afford to subsidize every illegal family member, every Mother with a child who becomes an instant citizen, when 15 million Americans and residents are jobless, when our own people live in poverty. Yes! We always need exceptional highly skilled engineers and scientists, but not the indigent and desperate that we must endlessly financially support. Not semi-skilled labor that will take less wages, than our own people, who themselves will end up in the unemployment benefits line. Call the Capitol Switchboard at 202-224-3121 to be connected to your Senator and Congressman and use the voting power of THE PEOPLE. Go to NUMBERSUSA AND JUDICIAL WATCH for more information about this catastrophe that could overwhelm this country in the coming months.