Illegal immigration bills: Oklahoma's shame
By MIKE JONES Associate Editor
Published: 2/20/2011 2:28 AM
Last Modified: 2/20/2011 8:13 AM

The rallying cry in the Oklahoma Legislature this session ought to be: "We will not be out-Arizonaed."

OK, I made up a word. And I'm not even sure how it should be spelled. But, if you've been following the immigration brouhaha over the last few years - and a lot of you have been - then you get the gist of the term.

In 2007, Oklahoma passed one of the toughest anti-immigration laws in the country, House Bill 1804 - parts of which have been challenged in court. That, unfortunately, got the state some national publicity.

Then Arizona got in the game - big time. In 2010, the Arizona Legislature passed Senate Bill 1070, a law that equaled, if not surpassed, Oklahoma's mean-spirited HB 1804.

Game on
Arizona has a lengthy border with Mexico and illegal immigration is a problem. But, as with the Oklahoma law, SB 1070 is overkill.

Now, Oklahoma, not to be outdone, is back in the game.

Sen. Ralph Shortey, R-Oklahoma City, has introduced two measures, SB 908 and SB 898. If passed, these two bills could put Oklahoma back in the hunt for the most onerous, unnecessary and unconstitutional laws concerning immigration on the books.

SB 908, is a 40-page document that would, among other things (which we'll discuss at another time), make smuggling humans illegal and allow the state to seize property used in the commission of a crime and sell it at auction.

That sounds reasonable on its face. But, who's kidding whom? This is clearly an attempt to intimidate the Hispanic community. If a person is selling drugs from his home or fleeing the scene of an armed robbery in a vehicle, who could argue that those items could rightfully and legally be confiscated by the law?

Here's the catch: Illegal immigrants are breaking the law by even being in the state. Therefore, they are committing a crime. Neat trick, but, oh, so obvious. It's not the drug dealers or armed robbers at whom this bill is aimed. It's the majority of those who (Yes, I know the meaning of the word "illegal") are here to make a better living for their families and, for the most part, obey our laws.

SB 898 is the real doozy of the two. It would require that any citizen of Oklahoma be born in the United States, be a resident of Oklahoma, be the child of at least one parent who owes no allegiance to any foreign sovereignty or be a child without citizenship or nationality in any foreign country.

So, to get this straight, a child born here to an illegal immigrant mother and father would, according to the 14th Amendment of the U.S. Constitution, be a citizen of the United States, but, according to SB 898, not a citizen of Oklahoma.

Note to first-term Sen. Shortey: The U.S. Constitution trumps the Oklahoma Constitution. Even the Oklahoma Constitution says so: Article I, Section 1, The state of Oklahoma is an inseparable part of the federal union, and the Constitution of the United States is the supreme law of the land.

Oversight
There is a glaring oversight in the bill. Section 1 says a person is a citizen of Oklahoma if the person is born in the U.S. and is subject to the jurisdiction thereof and the person is a resident of Oklahoma. It does not address children born in another country to two U.S. citizens. For instance, a child born to military personnel overseas would not, under this bill, be considered a citizen of Oklahoma. What about State Department employees or children whose parents work overseas in the private sector?

Shortey said the measure would not deny children access to health care or education, but it could deny illegal immigrants the right to own property in Oklahoma.

There is a chance, although slight, that these two bills could fail. Each still has to face the entire Senate. But with a Republican majority there it is highly unlikely that either will be defeated. After all, HB 1804 sailed through both houses in 2007 and was signed by Democratic Gov. Brad Henry. Any bets on whether Republican Gov. Mary Fallin will do otherwise? I'll give you odds.

Pandering
These bills are merely more pandering to a vocal minority that always turns out to vote in Republican primaries. Both, if passed, are sure to bring more challenges in the courts, thus costing a money-strapped state more legal bills that it can ill afford.

It is yet another, and there will be more, in a list of laws that do nothing more than say to a significant and growing portion of our state population that we don't trust or even like Hispanics. If anyone thinks that the majority legal Hispanic population is not paying attention to such backward, know-nothing politics, they have their heads in the sand.

The target of these bills are Hispanics, but the effects will be felt by every ethnic group.

It's not unusual for people to blame others, especially ethnic minorities, during hard times. It has happened over and over in our history - the Irish, Italians, Jews, Native Americans, Chinese, Japanese, etc.

What a claim to fame: We can be meaner than Arizona.

And this from a state of immigrant descendants whose families were abused, mistrusted and mistreated. We should be ashamed.

Original Print Headline: Raising Arizona

Mike Jones, 581-8332
mike.jones@tulsaworld.com
By MIKE JONES Associate Editor

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