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Black Eye For HB 1804
Federal Courts Again Bullying OK State and OK Laws that Protect Jobs for OK Citizens
JD Nutt, IG Web-Editor
Report last updated on Feb 4th, 2010 - Oklahoma City, OK. 
Taking Sides with the ACLU and powerful business interests that profit from hiring illegal aliens, a federal appellate court has struck down as unconstitutional key employment provisions in Oklahoma’s strict immigration control law.
Oklahoma House Bill 1804, also known as the Oklahoma Taxpayer and Citizen Protection Act 2007, is a strict anti-illegal immigration law introduced by state Rep. Randy Terrill (R), chairman of the Revenue and Taxation Committee. The bill passed the Oklahoma House, 88-9, with 35 of the 44 Democrats joining the Republicans. It then passed the Oklahoma Senate on a 41-6 vote with two-thirds of the Democrats lining up with Republicans.

In mid 2008 a federal judge (Robin Cauthron) in Oklahoma City blocked all three employment provisions, ruling that the state measure preempts federal law on immigration and that the state cannot create or impose guidelines that conflict with the Constitution or federal law. 

The State of Oklahoma appealed and this week the Denver-based 10th U.S. Circuit Court of Appeals struck down two of the three employer stipulations, essentially agreeing with the lower court’s assessment that they cannot be enforced and are likely unconstitutional. Businesses forced to comply with the law will face significant risk of suffering financial harm, the justices wrote in their decision. 

Read the PDF report from the 10th US CCA...
Report Source(s): http://www.ck10.uscourts.gov/opinions/08/08-6127.pdf
 

 


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