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Date Posted: 17:45:36 12/15/07 Sat
Author: JMR
Subject: illegals use court but fail

Judge tosses immigration lawsuit

By Devona Walker
Staff Writer

TULSA — U.S. District Judge James Payne, in a very strongly worded opinion, dismissed a lawsuit against Oklahoma's controversial immigration bill, House Bill 1804, Wednesday evening.

Payne found that half the complainants lacked standing and said those with standing — a handful of "illegal alien complainants” — were attempting to use the court to openly violate federal law.
"These plaintiffs admit their violation of federal law, and then ask this court to allow them to file suit anonymously, so as to avoid detection by the federal law enforcement,” Payne wrote. "These illegal alien plaintiffs seek nothing more than to use this court as a vehicle for their continued unlawful presence in this country. To allow these plaintiffs to do so would make this court an abettor of iniquity and this court finds that simply unpalatable.”

Payne remarked that his ruling might have been different had the plaintiffs been children whose unlawful presence in this country was involuntary.

The lawsuit was filed in early September by the Coalition of Latino Clergy and Christian Leaders, two restaurants, two churches, a construction company and a half dozen Jane and John Doe defendants. The suit questioned the constitutionality of the law, arguing that Oklahoma was treading into federal territory.


Author declares victory
Bill author Rep. Randy Terrill, R-Moore, lauded the decision as a great victory.
"It has been my position all along that House Bill 1804 would withstand any legal challenge brought against it. The judge's decision to dismiss the case again vindicates that view,” Terrill said. "House Bill 1804 is a very carefully calibrated measure designed to sync perfectly with federal immigration law and not exceed the scope of state authority in this matter.”

Opponents of HB 1804 tried to accomplish through the legal process what they could not accomplish through the legislative process. "Thankfully, they have failed,” he added.

In Tulsa, Guillermo Rojas, a Hispanic businessman and member of the Governor's Advisory Council on Hispanic and Latino Affairs, continued to decry the law as racist and politically motivated.

"I am very disappointed. Everybody knows the law is affecting the state's economy, and it's not positive under any circumstances,” Rojas said.

"I believe this law was inspired by racism and politics. And there's no reason to obey this law, especially when they try to criminalize the undocumented people, no one is going to obey that law. I am not going to.”

Hispanic people have been manipulated by politicians for the last few years over immigration, Rojas said.

They were manipulated when Congress failed to pass comprehensive immigration reform.

They were then again used by Terrill when he devised a way to rise up the Republican hierarchy, he said.

"We are sick and tired of being treated like second-class citizens and being used by the politicians. That's going to change for sure, no matter what,” Rojas said.

"If we are not going to win this battle, in the next election we will win the war. The Hispanic vote is going to be very important for any candidate.”

Rojas said Hispanic community leaders have been working hard to help undocumented people become legal and register to vote. He hopes that work will pay off during the next election cycle.

Ira Mehlman, spokesman for the Federation for American Immigration Reform — a national group responsible for crafting much of Oklahoma's statute as well as numerous others around the nation — rejects the notion that the law is either racist or unkind.

"When an illegal alien makes a decision to come here, they are acting completely for self interest. It's perfectly legitimate for an American to say that doesn't serve our interest,” Mehlman said.

Contributing: Jennifer Mock,

Capitol Bureau

Last edited by author: Sat December 15, 2007 20:54:35   Edited 1 time.

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