OK: Judge blocks some parts of HB 1804

NewsOK.com
Wed June 4, 2008
Judge blocks some parts of HB 1804
By Jay F. Marks
Staff Writer

A federal judge today blocked enforcement of employer-related provisions of the state's controversial immigration law, ruling it likely interferes with federal regulations regarding the hiring of unauthorized workers.

Several business groups challenged House Bill 1804 — which has been called the toughest immigration statute in the nation — in federal court in Oklahoma City.

The U.S. Chamber of Commerce, The State Chamber, the Oklahoma City and Tulsa chambers of commerce, and the Oklahoma restaurant and hotel and lodging associations contend the law places unreasonable burdens on businesses, according to the lawsuit filed Feb. 1 by the National Chamber Litigation Center.

"We applaud the court's decision to delay enforcing these portions of Oklahoma's immigration law," said Robin Conrad, the center's executive vice president. "Through harsh civil penalties, the Oklahoma law unfairly shifts the burden of immigration enforcement from government onto the backs of businesses.

"Piecemeal state legislation is not the answer to our nation's immigration problems."

The groups' lawsuit still is pending in federal court in Oklahoma City, even though U.S. District Judge Robin Cauthron agreed to halt enforcement of a provision of the new law that would have required companies to verify the eligibility status of all new employees.

That provision was set to go into effect July 1.

Attorney General Drew Edmondson issued this statement: “This is a preliminary injunction, not a final ruling. In her order, the judge writes that ‘the Court finds Plaintiffs have established a substantial likelihood of success on the merits of the case.’ We will attempt to overcome this hurdle when the matter is set for hearing on the permanent injunction.â€

tulsaworld.com
Judge halts parts of House Bill 1804
by: Omer Gillham World Staff Writer
6/4/2008 12:00 AM

A federal judge on Wednesday halted the full implementation of House Bill 1804, Oklahoma's landmark immigration law aimed at decreasing the use of illegal workers and limiting access to state services.

Judge Robin Cauthron has granted injunctive relief in a case that has pitted the U.S. Chamber of Commerce and Oklahoma chambers of commerce against the state.

Cauthron is a judge with the U.S. District Court of the Western District of Oklahoma.

The injunction prohibits two sections of HB 1804 from taking affect July 1. One section would require an employer to verify a worker's eligibility before he or she could be eligible for contracts with the state. A second section would require businesses to verify the work authorization status of individual independent contractors to avoid state tax penalties.

http://www.tulsaworld.com/news/article. ... Afede28706

Looks like Judge Cauthron was appointed by daddy Bush in 1991:

http://www.okcu.edu/oia/news_article.asp?article_id=721

OKCBusiness.com
U.S. District Judge postpones Oklahoma House Bill 1804 enforcement
6/4/2008

A U.S. District Court judge today postponed enforcement of the employer-related portions of Oklahoma House Bill 1804 because it is “substantially likelyâ€

This was the same problem that the United States had with the 1986 legislation. The businesses supporting the position of te US Chamber of Commerce sued and got exempted from prosecution by placing the burden of proof of an illegal hire on the U.S. government after the fact. This resulted in a drop in diligence by business and prosecucution by the government. We can not let this happen to America again.

This just pisses me off, I am so sick of these judges, we finally get our legislatures to do something right and these judges come along and stop it....we need to get rid of these traitors!!! :evil:

"Piecemeal state legislation is not the answer to our nation's immigration problems."

I am sure we will be hearing that phrase over and over, with the first three words changed to suit.

200 NW 4th Street
Room 1210
Oklahoma City OK 73102
Main Number: (405) 609-5000
Fax Number: (405) 609-5099


U.S. Courthouse
200 N.W. Fourth St. Oklahoma City, OK 73102
Rm 3301, Courtroom 301, Third Floor
Chambers Telephone: 405-609-5200
Chambers Fax: 405-609-5213

I am so sick of judges who side with Busines all the time and against the people -- Immigration is NOT the responsibility of Congress. The states have a roll to play. I am sick of business wanting to hire illegals in violation of the 1986 laws

I hope Oklahoma appeals otherwise they will never get rid of the illegals.

This judge should be impeached. :evil:

Aiding and abetting a person in the commission of a crime, is already against the law, why not enforce our laws? Illegal aliens are criminals, they break multiple laws and commit felonies every day they are here illegally.
I want to know why the U.S. refuses to enforce laws that protect CITIZENS against the invasion of disease carrying law breakers from around the world.
Remember La Raza is getting help from politicians to make opposition to the invasion a hate crime.
Imagine a country where it is a hate crime for wanting legitimate laws enforced!
You don't have to imagine it you live in the U.S.A.

Just what is this unreasonable burden??? Verifying that your potential employee isn't breaking the law?? Forget it pal, you've gotten a free ride for much too long now. Suck it up and obey the law!


The U.S. Chamber of Commerce, The State Chamber, the Oklahoma City and Tulsa chambers of commerce, and the Oklahoma restaurant and hotel and lodging associations contend the law places unreasonable burdens on businesses, according to the lawsuit filed Feb. 1 by the National Chamber Litigation Center.

Published June 04, 2008 05:04 pm - A federal judge has issued an order delaying enforcement of Oklahoma's anti-illegal immigration law, saying it is "substantially likely" it is unconstitutional.

NEW: Federal court blocks law enforcement

RON JENKINS
Associated Press

A federal judge blocked portions of Oklahoma's tough anti-illegal immigration law on Wednesday, saying it is "substantially likely" the law is unconstitutional.

U.S. District Judge Robin J. Cauthron issued a preliminary injunction prohibiting enforcement of provisions of the law that subjects employers to penalties for failing to comply with a federal employee verification system.

The decision came on a lawsuit filed by the U.S. Chamber of Commerce, the Oklahoma Chamber and other business groups, who argued the electronic verification system is voluntary under federal law and employers should not be subjected to state penalties.

"Through harsh civil penalties, the Oklahoma law unfairly shifts the burden of immigration enforcement from government onto the backs of business," Robin Conrad, executive vice president of the U.S. Chamber, said in statement.

The state law took effect in November, 2007, but the employer provisions under attack were set to take effect July 1.

Cauthron held that the plaintiffs were likely to establish that the state law pre-empted federal law on immigration.

The judge wrote that the court should give grave consideration to overturning state law, but that the Constitution "requires that the will of the states must occasionally give way to the need for uniformity among the states and that uniformity can only be accomplished through congressional action."

Cauthron said he was not deciding the case, but based on the facts before the court at this time "it appears that plaintiffs are likely to prevail and consequently are entitled to a preliminary injunction."

Attorney General Drew Edmondson is defending the law. "We will attempt to overcome this hurdle when the matter is set for hearing on the permanent injunction," he said.

Rep. Randy Terrill, R-Moore, who introduced the legislation, said he was disappointed but not surprised by the ruling.

He predicted the case would be appealed to the U.S. 10th Circuit Court of Appeals and perhaps the Supreme Court if the plaintiffs prevail in their quest for a permanent injunction.

Besides the employer provision, the law prohibits illegal immigrants from receiving tax-supported services and makes it a state crime to transport or harbor illegal immigrants, a provision loudly criticized by social agencies that work with the immigrant population.

http://www.normantranscript.com/localne ... d=topstory

Here is the website of Rep. Randy Terrill (good guy), the author of HB 1804. Contact info is contained:

http://www.okhouse.gov/committees/Membe ... emberID=69

[Published June 05, 2008 12:21 am - Judge postpones enforcement; Terrill lashes back about her motives
Immigration measure hits snag
The Norman Transcript

Judge postpones enforcement; Terrill lashes back about her motives

By M. Scott Carter

Transcript Staff Writer

OKLAHOMA CITY -- State Rep. Randy Terrill's controversial immigration law, House Bill 1804, hit a brick wall late Wednesday afternoon, after a U.S. District Court judge postponed enforcement of part of the measure.

Western U.S. District Judge Robin J. Cauthron issued a preliminary injunction prohibiting enforcement of certain provisions of HB 1804. Those provisions -- the bill's private employment sections -- subject employers to penalties for failing to comply with a federal employee verification system.

In her 17-page ruling, Cauthron said the law's opponents were likely to establish the state law pre-empted federal law on immigration.

"(The) defendants' argument that the statute represents nothing more than the State choosing with whom it wishes to contract is misleading," Cauthron wrote. "Without question the State can, within limits, set guidelines controlling the eligibility for contracts. However, the State cannot create or impose guidelines that conflict with the Constitution or Federal law."

Cauthron said opponents of the law "are likely to prove that the statute at issue here is not a taxation statute but rather a form of civil sanction."

And while Cauthron wrote the court should give "grave consideration to overturning state law," she added the Constitution "requires that the will of the states must occasionally give way to the need for uniformity among the states and that uniformity can only be accomplished through congressional action."

Cauthron said she was not deciding the case, but based on the facts before the court at this time "it appears that plaintiffs are likely to prevail and consequently are entitled to a preliminary injunction."

Terrill said he was "disappointed but not surprised" by the court's action.

"The outcome is not what we hoped for," he said. "It unnecessarily prolongs the litigation, and virtually guarantees appeals to the U.S. 10th Circuit Court of Appeals and perhaps the Supreme Court."

Terrill, a Moore Republican, blasted Cauthron, describing the judge as a judicial activist.

"Judge Cauthron is acting like a legislator today, but she is a Clinton appointee and the most liberal judge in western Oklahoma. She is a blatant example of judicial activism."

While Cauthron's ruling granted a preliminary injunction on parts of the law, her order did not vacate the entire law.

Instead, the court ruled the law unconstitutionally imposes civil sanctions on employers who fail to comply; including increased tax rates, loss of contracts and possible litigation if an employer "should have known" if an employee was unauthorized to work.

Cauthron also called the act unconstitutional because it interferes with federal regulation of unauthorized workers. The law was set to go into effect July 1.

Opponents of the measure praised the judge's ruling.

Robin Conrad, a spokesman for the group representing the U.S. Chamber of Commerce in the litigation, praised the decision.

"We applaud the court's decision to delay enforcing these portions of Oklahoma's immigration law. Through harsh civil penalties, the Oklahoma law unfairly shifts the burden of immigration enforcement from government onto the backs of businesses," Conrad said.

Oklahoma Gov. Brad Henry's office remained silent about the ruling.

Henry's spokesman, Paul Sund, declined to comment because the governor remains a party in the lawsuit. "Our legal council has advised us not to comment," Sund said.

Terrill said Cauthron's ruling encouraged him to become more active in defending the law.

"Her ruling certainly seems broad enough to permit me to intervene personally or to develop an association to defend HB 1804," he said.

Terrill predicted state residents would be unhappy about the court's decision.

"No Oklahoma business should be celebrating this decision," he said. "It allows the courts to do judicially what could not be done through the Legislature. This ruling allows the continuation of the exploitation of cheap, illegal immigrant labor. I promise you the people of the State of Oklahoma are not celebrating this decision today."

The Associated Press contributed to this report.

http://www.normantranscript.com/localne ... d=topstory

Terrill said:

Quote:

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"Judge Cauthron is acting like a legislator today, but she is a Clinton appointee and the most liberal judge in western Oklahoma. She is a blatant example of judicial activism."

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Well stated, 'judicial activism.' There seems to be a lot of that in this country. Reminds me of Prop 187 in CA. :x

If the U.S. Government, judges and courts would obey the Constitution this problem would not exist, Article Four Section Four of the Constitution requires the U.S. to 'Protect the states from invasion and domestic violence', 20 million illegal aliens is proof they are not.

Added to Homepage:
http://www.alipac.us/article-3251--0-0.html