Thread: Oaklahoma AG asks court to let HB 1804 go on

AG asks court to let HB 1804 go on


By OMER GILLHAM World Staff Writer
2/27/2008

Attorney General Drew Edmondson's office has asked a federal court to reject an attempt by business officials to torpedo a key element of Oklahoma's new immigration law.

Edmondson has asked the U.S. District Court for the Western District of Oklahoma to dismiss a request for a federal injunction filed by the U.S. Chamber of Commerce on Feb. 1.

Edmondson and Gov. Brad Henry are named as defendants in the lawsuit.

The U. S. Chamber joined the Oklahoma City and Tulsa chambers to target specific aspects of House Bill 1804, the state's new immigration law.

Key elements of HB 1804 take effect July 1 and would require certain employers to verify a worker's legal status through a national database or comparable system.

Additionally, contractors would be required to verify a subcontactor's legal status or withhold income taxes based on a state formula.

The U.S. Chamber alleges the new law would turn some employers into tax collectors and force others to violate federal employment law by discriminating against Hispanic workers.

In filing the motion to dismiss the U.S. Chamber's motion for an injunction, Edmondson's
office states the Chamber has no legal standing and that the federal court has no jurisdiction in state tax matters.

''This court does not have jurisdiction to hear any claim challenging this state income tax requirement,'' the state's pleading says.

Citing the Tax Injunction Act, Edmondson's pleading, filed last week, states: ''The district courts shall not enjoin, suspend or restrain the assessment, levy or collection of any tax under the State law where a plain, speedy and efficient remedy may be had in the courts of such State.''

Additionally, Edmondson's office argues that the U.S. Chamber and other plaintiffs are not public employers and therefore have no standing in the lawsuit to support an injunction against HB 1804.

In addition to requiring employers to verify a worker's legal status, the new law requires proof of citizenship to receive certain government benefits and makes it illegal to knowingly transport illegal immigrants.

Others joining in the lawsuit are the Oklahoma State Chamber of Commerce, Oklahoma Restaurant Association, and Oklahoma Hotel and Lodging Association.

The organizations supporting the injunction noted that their participation in the lawsuit does not equate to support for illegal immigration.

Additionally, the U.S. Chamber and fellow plaintiffs narrowed the focus of their requested injunction because some aspects of 1804 appear to be acceptable.

http://www.tulsaworld.com/news/article. ... spanc11047

Related Post:
http://www.alipac.us/ftopict-105695-.html

If you read the comments in the Tulsa world we are starting to boycott the chamber members ie mexican resturants and I live here and it's working that is the boycott

Me and a few others have been posting in all of the papers comments section about not eating at certain resturants and I have been by them and it is working the places are empty. Tulsa world newspaper has even started to delete our boycott message.

Comment added at the link.

The U.S. Chamber alleges the new law would turn some employers into tax collectors and force others to violate federal employment law by discriminating against Hispanic workers.

Umm..am I missing something here or did I just get dumber? Aren't employers already supposed to be taking taxes out of employees pay?

AND

tell me where the word hispanic can be found under the definition of "illegal alien"?

Their last sentence bothers me, I read it as the USCOC is themselves violating federal law discrimination laws. It tells me that they think it's ok to hispanics to work here illegally

I pray this bill passes in the strongest measure.