HB1804

Oklahoma House Bill 1804, also known as the Oklahoma Taxpayer and Citizen Protection Act 2007, is a strict anti-immigration law introduced by state Rep. Randy Terrill (R), chairman of the Revenue and Taxation Committee. The law makes it a felony even to give a person a ride if they know or have grounds to suspect them of being an illegal immigrant. It also forbids the state from providing education, healthcare and many other services to undocumented immigrants, including infants, and requires police to check the immigration status of anyone “suspected” of being in this country illegally. [cite web | url = http://www.okhouse.gov/OkhouseMedia/pressroom.aspx?NewsID=1186
title = Real Immigration Reform Clears House | publisher = Oklahoma House of Representatives Press Room
date=2007-05-01 | accessdate=2008-06-23]

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.

Among its provisions are the following:

The State of Oklahoma finds that illegal immigration is causing economic hardship and lawlessness in this state and that illegal immigration is encouraged by public agencies within this state that provide public benefits without verifying immigration status. [...] Therefore, the people of the State of Oklahoma declare that it is a compelling public interest of this state to discourage illegal immigration [...] . A. It shall be unlawful for any person to transport, move, or attempt to transport within the United States any alien knowing or in reckless disregard of the fact that the alien has come to, entered, or remained in the United States in violation of law, in furtherance of the illegal presence of the alien in the United States. B. It shall be unlawful for any person to conceal, harbor, or shelter from detection any alien in any place, including any building or means of transportation [...] . C. Any person violating the provisions of subsections A or B of this section shall, upon conviction, be guilty of a felony [...] .

SECTION 7. [...] A. Every public employer shall register and participate in the Basic Pilot Program to verify the work authorization status of all new employees. B. 1. No public employer shall enter into a contract for the physical performance of services within this state unless the contractor registers and participates in the Basic Pilot Program to verify the work authorization status of all new employees.

SECTION 8. [...] A. Except as provided in subsection C of this section or where exempted by federal law, every agency or a political subdivision of this state shall verify the lawful presence in the United States of any natural person fourteen (14) years of age or older who has applied for state or local public benefits [...] . C. Verification of lawful presence under the provisions of this section shall not be required: 2. For assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the alien involved and are not related to an organ transplant procedure; D. Verification of lawful presence in the United States by the agency or political subdivision required to make such verification shall require that the applicant execute an affidavit under penalty of perjury that: 1. He or she is a United States citizen; or 2. He or she is a qualified alien under the federal Immigration and Nationality Act, and is lawfully present in the United States.

SECTION 10. [...] A. The Attorney General is authorized and directed to negotiate the terms of a Memorandum of Understanding between the State of Oklahoma and the United States Department of Justice or the United States Department of Homeland Security concerning the enforcement of federal immigration and custom laws, detention and removals, and investigations in the State of Oklahoma.

SECTION 11. This act shall become effective November 1, 2007.

Repercussions

In October 2007, the National Coalition of Latino Clergy filed a federal lawsuit, seeking to overturn the bill on the grounds that it was unconstitutional and violated rights to due process, but this was finally dismissed in December 2007 because the plaintiffs named in the suit didn't have standing to challenge the law. [*cite web | url = http://www.tulsaworld.com/news/article.aspx?articleID=071213_1__USDis24770 | accessdate=2008-06-23
title = Federal judge dismisses lawsuit challenging HB 1804 | publisher = Tulsa World | date=2007-12-13]

In November 2007, CNN reported that many in Oklahoma's Latino community were staying home, fearful that police would arrest and deport them, and that this was impacting heavily on local businesses. [*cite web | url = http://www.cnn.com/2007/US/11/02/oklahoma.immigration/ | accessdate=2008-06-23
title = Oklahoma targets illegal immigrants with tough new law | publisher = CNN | date=2007-10-05]

In June 2008, a federal judge issued an injunction against implementation of two parts of the bill which deal with the requirement of an employer to verify a worker's eligibility, and the requirement for businesses to verify the work authorization status of independent contractors. [cite web | url = http://www.tulsaworld.com/news/article.aspx?articleID=20080604_1__Afede28706
title = Judge halts parts of House Bill 1804 | publisher = Tulsa World | accessdate=2008-06-23 | date=2008-06-04]

References

External sources

[http://www.google.com/url?sa=t&ct=res&cd=1&url=http%3A%2F%2Fwebserver1.lsb.state.ok.us%2F2007-08HB%2FHB1804_int.rtf&ei=kZk9SMyVDJyy8ASN6dS3BA&usg=AFQjCNE5V7jOM3U12tPR3ValUOAIy3GwpA&sig2=lPuBQGUYFKQuQOZxpvgUjQ Full text of the bill.] (PDF)