Thread: Home builders interpretation of OK immigration law

The following was mailed out by the Central Oklahoma Home Builders Association

2007 Immigration Law

The bill states it is a compelling public interest of this state to discourage illegal immigration by requiring all agencies within this state to fully cooperate with federal immigration authorities. This is the steps that must be taken to comply. All of this take effect November 1 unless noted.

• Unlawful to transport or harbor any alien if you know they are illegal. "Violation of this provision is a felony - minimum 1 year or $1,000".

• Businesses may create an identification certificate designed to identify bearer as an employee. "May only issue to citizens, nationals, and legal permanent residents - May also issue to an applicant applying for legal or conditional residence".

• If a person is charged with a felony or DUI - law enforcement officials must make an effort to determine citizenship status.

• Every PUBLIC employer must register with and use a verification system(social security card verification).

• July 1, 2008 - no contractor or subcontractor can enter into a contract with a public employer without also having a status verification system in place.

• July 1, 2008 - it is a discriminatory action to discharge an employee who is a citizen while retaining an employee who is reasonably known to be an authorized alien.

• An employer who uses a status verification system is exempt from liability of the previous section.

• Every agency or political subdivision shall verify the lawful presence of any person 14 years or older for state or local public benefits. "Does not apply to emergency medical conditions - For public health immunizations - Necessary for the protection of life or safety - Applicant must give an affidavit of status".

• Individual independent contractors must provide verification or contracting entity must withhold state income tax at top marginal rate - if not contracting entity is liable

• Illegal aliens are not eligible for college benefits or resident tuition.

What this all means to builders is starting in November, if you hire an individual subcontractor, be sure he provides documentation of status or you have to withhold income taxes at top marginal rate. Starting in July, 2008, be sure you have enrolled in a social security verification system. You are not liable for your subcontractors' employees.
This is NOT a legal opinion. For further protection, you may want to consult with an attorney

BRAVO! ABOUT TIME!