Friday, April 11, 2008

Immigration Law Court Case Hearing Held

By Bill Braun/Tulsa World ~ A Tulsa County judge heard legal arguments Friday linked to a lawsuit that asserts a new state law dealing with illegal immigration violates the Oklahoma Constitution.
District Judge Jefferson Sellers issued no ruling on the matter, but gave attorneys the opportunity to submit proposed "findings of fact and conclusions of law."
Those filings are due two weeks after a transcript of the court hearing is prepared, and the transcript is projected to be ready in a week.
The plaintiff in the case filed Jan. 3 is Michael C. Thomas, identified as a resident taxpayer of Tulsa County. One of his attorneys is his father, James C. Thomas.
James Thomas and co-counsel Steve Hickman argued that HB 1804 is unconstitutional because it creates a Bureau of Immigration and allows for the appropriation and expenditure of public funds in violation of the state constitution.
The plaintiff's attorneys assert that HB 1804 embraces "multiple subjects," in violation of the constitutional requirement that every act of the Legislature is to embrace a single subject.
Among other facets, the new law makes it illegal to knowingly transport illegal immigrants, creates state barriers to hiring illegal immigrants, and requires proof of citizenship to get some government benefits.
Gov. Brad Henry, named as a defendant in the suit, is represented by State Attorney General Drew Edmondson's office.
Assistant Attorney General Daniel Weitman argued Friday that the law does not establish a Bureau of Immigration.The purpose of HB 1804, which was "overwhelmingly" approved by the Legislature, "is to protect the taxpayer and the state's resources from the adverse affects of illegal immigration," Weitman said.

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