Decision will influence Oklahoma immigration laws

Tulsa World (Oklahoma)
May 27, 2011 Friday
By RANDY KREHBIEL

The U.S. Supreme Court decision upholding an Arizona law targeting those who employ illegal immigrant workers will have direct application to Oklahoma, but the ruling opens possibilities for future legislation, two close observers said Thursday.

State Rep. Randy Terrill, R-Moore, said the Supreme Court's reliance on federal law that gives states considerable discretion in "licensing and similar laws" seems to "suggest the states have a very great deal of latitude when it comes to regulating business formation ... and taxation within the states."

"What's going to happen," said Marvin Lizama, a Tulsa lawyer who is active in immigration issues, "is that we'll see an identical bill (to the Arizona law) come February, when the Legislature convenes."

The Supreme Court upheld a 2007 Arizona law requiring employers to check their workers' status through the E-Verify system.

Failure to do so will result in the loss of an employer's business license.

The court ruled that this was within Arizona's authority under federal law.

Terrill said Oklahoma could not enforce such a law because the state does not require a general business license, as Arizona does, but he said he envisions an application through laws governing business creation - incorporating or registering a limited liability company - or the issuance of tax certificates within the state.

The state already bars illegal immigrant residents from obtaining state-issued licenses and identification cards such as driver's licenses and occupational licenses.

It also requires government entities and government contractors - but not other employers - to check employees' status through E-Verify.

Terrill said that though the court decision will open the way for new immigration legislation in Oklahoma, he does not necessarily think it will actually lead to any.

"The current Republican leadership is hostile to any meaningful (immigration) legislation," said Terrill, who frequently criticizes that leadership for being too beholden to business interests.

Terrill said the state, Oklahoma City and Tulsa chambers of commerce have a "stranglehold" on the Legislature that will "choke off" any new immigration initiatives.

Lizama said the decision does not give states a free hand in all immigration matters.

"It doesn't say that," he said. "It says it's OK for states to regulate work-related permits and business within the state."

http://www6.lexisnexis.com/publisher/En ... 74&start=4