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.

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