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| Black Eye For
HB 1804
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| Federal
Courts Again Bullying OK State and OK Laws that Protect Jobs for OK
Citizens |
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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.
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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.
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