Oklahoma State leaders mull appeal of ruling on immigration law

State leaders mull appeal of ruling on immigration law
By ANGEL RIGGS World Capitol Bureau
6/6/2008
Last Modified: 6/6/2008 2:12 AM

OKLAHOMA CITY — A day after a federal judge halted portions of Oklahoma's controversial immigration law, the author of the measure said he's working to determine whether he can personally intervene in the case.

Rep. Randy Terrill, R-Moore, said the judge's rulings, issuing a temporary injunction and denying a motion to dismiss the case, could be appealed.

.US. District Judge Robin Cauthron granted a preliminary injunction Wednesday in a case that pitted the U.S. Chamber of Commerce and several Oklahoma chambers against the state. The injunction prohibits two employer-related sections of House Bill 1804 from taking effect July 1.

The Attorney General's Office is considering an appeal, said Charlie Price, a spokesman for Attorney General Drew Edmondson.

"If there is no appeal, then the next step is a hearing before the district court on the full injunction," Price said.

Terrill said he believes that he can intervene in the case on behalf of his constituents, who are being hurt by illegal immigration, or as the head of an organization of businesses in favor of the law.

A decision on how to proceed is likely to be reached by the middle of next week, he said.

Terrill said he is closely working with attorneys from the Immigration Reform Law Institute, the legal arm of the Federation for American Immigration Reform, a policy group based in Washington, D.C.

He said Cauthron's decision conflicts with other recent decisions on similar laws in Missouri and Arizona and is likely to be overturned on appeal.

Terrill said his attorneys are working to determine his standing in the case and that he is prepared to take an appeal as far as the U.S. Supreme Court if necessary.

The U.S. Chamber of Commerce filed Feb. 1 for an injunction in the state's federal court for the western district of Oklahoma.

The lawsuit alleges that the challenged sections of the law are pre-empted by federal law and are unconstitutional under the Supremacy Clause of the U.S. Constitution.

The sections would require employers to verify employees' legal status before being eligible for state contracts. The other would require businesses to verify the status of individual independent contractors to avoid state tax penalties.

Terrill noted that three-quarters of the bill remains in effect, including provisions prohibiting illegal immigrants from receiving public benefits or state-issued identification cards.

The U.S. Chamber of Commerce released a statement after the ruling Wednesday but declined to comment further, as did the state chamber, citing the ongoing litigation.

Sen. Harry Coates, R-Seminole (OK), said that "all bets are off having to do with those provisions."

Coates filed unsuccessful legislation in the past session to repeal sections of the law. He noted that federal statutes still apply to businesses.

Coates said portions of the law are good.

However, he said, enforcing immigration laws is up to the federal government, not businesses.

The law has caused many legal citizens to leave, creating a major work force problem for many businesses, Coates said. He said many Oklahoma businesses pay well more than minimum wage but still can't find workers.

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