Lawmakers Reconsider Immigration Legislation

Sep 5, 2007 10:25 PM EDT
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Bill Ketron
Gary Odom

NASHVILLE, Tenn. - New immigration laws in Oklahoma could lead to tougher legislation in Tennessee.

Recently, Oklahoma lawmakers passed some of the toughest laws in the country surrounding illegal immigration.

The new laws deal with identity theft and access to public assistance benefits.

About 25,000 undocumented immigrants left the state before new laws go into effect in November.

Businesses will be forced to check if they're hiring people who emigrated illegally into the United States.

"It punishes employers who knowingly hire illegal aliens," said state Sen. Bill Ketron. "We passed that. "

But when Ketron tried to pass a bill banning undocumented immigrants from getting public assistance, he said, "We're told by the attorney general that its preempted by federal law, but no one has shown me that case law. "

But it turns out that same law passed in Oklahoma.

Ketron also fought the Attorney General's office on another immigration bill.

"He came out and had an AG's opinion and said it was preempted, and we proved the AG was wrong, and he had to correct and issue a new statement saying that my bill was correct," Ketron said.

Lawmakers around the country are facing this similar fight: Can they pass an immigration bill without interfering with federal law?

"But on the one hand they have to deal with the legal opinions from their legal counsel that you can't do this or the federal government is going to punish us, then on the other hand, they are struggling to find out what they can do under federal law," said state Rep. Gary Odom.

As the immigration issue heats up states such as Oklahoma may pass bolder legislation, disregarding federal law.

Ketron said he will re-introduce those bills that failed previously. That could happen in January.

Ketron also said the next time he's told an immigration bill somehow interferes with federal law he'll get a second legal opinion.