Federal Court: Part of Oklahoma Immigrant Law Enforceable Now

By Chris Wright, The News On 6

DENVER -- A federal court says parts of Oklahoma's controversial anti-illegal immigration law cannot be enforced. An appeals court in Denver Tuesday upheld most of a temporary injunction filed against House Bill 1804.

The law's author argues that despite this decision, most of 1804 is still enforceable. Opponents of it argue that nearly three years after it was passed, the debate over the law is simply a waste of time.

When state House Bill 1804 passed overwhelmingly in 2007, it was called "perhaps the most meaningful" piece of immigration reform in the country. 

It included a number of tough provisions, including making it a felony to harbor an illegal alien, and penalizing employers who hire illegal workers. 

At the time, the law sparked demonstrations by those in favor of it, as well as protests by those opposed.

"Even without this decision (Tuesday), more than three-fourths of House Bill 1804 still remains in effect," said Rep. Randy Terrill, (R) Oklahoma.

But provisions struck down by a federal decision include financial penalties for businesses that hire illegal aliens, and requiring contractors to withhold taxes for workers who don't have proper documentation. 

On the other hand, the appeals court did say Oklahoma can force all businesses to use the E-verify system. It's a federal web site that allows employers to determine whether an employee is eligible to work in the U.S. 

Terrill says that provision is more important than the ones struck down.

"It's good news. On balance, I would say it's much more good news than it is bad news at this point," said Rep. Randy Terrill.

"They're never going to learn this lesson. They're the extreme right. They don't want people that don't look like them. They're going to continue to do this," said Sebastian Lantos, Hispanic and Latin Americans Affairs Commission.

Sebastian Lantos has been an outspoken opponent of 1804 since it passed. 

While it was a hot-button topic in 2007, he says the state government has more important things to focus on these days.

"The problem is that it wastes a lot of time. We're wasting a lot of time on this when there are things that are very important in our state, the budget, the economy," said Sebastian Lantos.

Lantos' frustration may continue.

Terrill says the decision could be appealed.

Other parts of 1804 that can still be enforced, according to Randy Terrill, are the right of local agencies to enforce federal immigration law. Also, state issued ID's and tax payer subsidies can no longer be given to illegal aliens.