Federal Court Refuses To Reconsider Oklahoma Immigration Law
Posted: Apr 20, 2010 6:25 AM CDT
Updated: Apr 20, 2010 8:14 AM CDT


Immigration protesters in 2007 [file photo]Associated Press

OKLAHOMA CITY (AP) -- A federal appeals court is refusing to reconsider its ruling that prohibits Oklahoma from enforcing parts of a law that targets illegal immigrants.

A three-judge panel of the 10th Circuit Court of Appeals ruled February 2 that two provisions in the law are not enforceable.

One provision would prohibit employers from keeping undocumented workers while firing legal workers. The other would require businesses that work with private contractors to get documentation that workers are in the country legally or withhold taxes at the top rate.

2/3/2010 Related story: Federal Court: Part of Oklahoma Immigrant Law Enforceable Now

The case now returns to federal Judge Robin Cauthron in Oklahoma City to decide whether to make her preliminary injunction against the law a permanent injunction.

State Representative Randy Terrill of Moore issued a statement Monday in response to the court's decision:

"The court's ruling did not comment on the merits of the law. So, procedurally, this has become somewhat of a confusing situation. Today's decision means the initial ruling of the three-judge panel will stand. That means the injunction on the mandatory use of E-verify, which is the most important private-employment provision in House Bill 1804, has been lifted. That remains great news. The other two, less-important private-employment provisions relating to wrongful discharge and tax withholding, remain enjoined. What the Tenth Circuit appears to be signaling is that they are reluctant to issue an en banc ruling in an appeal of a temporary injunction until the district court has made some decision with regard to a permanent injunction. When further legal arguments are made in this case, I will file another amicus brief on behalf of myself and all other legislators who support this law."

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