Cite as "AILA InfoNet Doc. No. 08060490 (posted Jun. 4, 2008)"
On 06/04/08, a U.S. District Court Judge postponed enforcement of employer-related portions of Oklahoma's Taxpayer and Citizen Protection Act of 2007 (H.B. 1804, passed on 5/8/07). The judge found not only that the law likely amounts to an unconstitutional preemption of federal authority over immigration, but would cause "irreparable harm" to businesses faced with "the choice of complying with either state or federal law, but not both." Joining as co-plaintiffs are The State Chamber of Oklahoma, Greater Oklahoma City Chamber, Tulsa Metro Chamber, Oklahoma Restaurant Association and Oklahoma Hotel and Lodging Association. A final judgment in Chamber of Commerce of the United States et al. v. Henry is still pending.
For more information, read the full text of the Preliminary Injunction Order and the Order of Injunction.
The Oklahoma law would require employers doing business with the state to use the "Basic Pilot Program" (also known as "E-Verify"), the federal government's voluntary and error riddled experimental program for electronically verifying work eligibility. The court's decision to issue a preliminary injunction was based on its finding that it is "substantially likely" that the law unconstitutionally imposes civil sanctions on employers who fail to comply with the law. The Oklahoma law's sanctions include increased tax rates, the loss of contracts, and exposure to litigation if an employer "should have known" that an employee was unauthorized to work.