The state may soon be defending the new immigration law. A lawsuit has been filed challenging its constitutionality. Considered one of the toughest in the nation, House Bill 1804 prevents undocumented immigrants from receiving public benefits and jobs. It also makes it illegal to transport or harbor illegal immigrants.

Attorneys of Frasier, Frasier and Hickman claim the law is in direct violation of Oklahoma's constitution in that it uses public funds to search out and turn-over illegal immigrants to federal agencies. They're calling 1804 a bureau of immigration which the Oklahoma constitution prohibits.

"Every agency has been charged with the responsibility of searching out illegal immigrants and turning them over to some federal agency and to me that's a bureau," said plaintiff Jim Thomas.

No court date has been set.