Tenth Circuit splits on injunction against Oklahoma immigration law

CounterVortex

A three-judge panel of the US Court of Appeals for the Tenth Circuit in Denver upheld an injunction against some points of an Oklahoma anti-immigrant law, but did permit the state to enact a provision whereby businesses would have to check their employment roster against a state list of eligible workers through a pilot program. The Oklahoma Taxpayer and Citizen Protection Act of 2007 also requires that firing a US citizen or “legal” immigrant, while simultaneously employing an undocumented immigrant, be recognized as an unfair trade practice, giving the fired employee cause for legal action. The panel found that federal law preempted this provision, but split on whether mandatory electronic verification of employee status conflicts with voluntary use of a federal database.

The national E-Verify system is a no-charge, Internet-based system that checks employee identification through either their Social Security number or a photographic match database. The voluntary E-Verify system differs from the mandatory “no match” system that the Department of Homeland Security (DHS) rescinded in October. That system would have mandated that employers fire any employee whose information did not match Social Security records. In a step towards reducing the voluntary nature of the E-Verify system, in July DHS Secretary Janet Napolitano announced that the current administration supported regulations that would only supply contracts to employers who used the system. The E-Verify system was given its first boost when then-president George W. Bush signed an executive order mandating that all federal agencies require those they contract with to use the system. (Jurist, Feb. 3)

DHS efforts to promote E-Verify have been hindered by database errors that plague the system. A law similar to the Oklahoma measure took effect in Arizona in 2008, but a popular measure to toughen it was defeated that November.

See our last post on the politcs of immigration.

Please leave a tip or answer the Exit Poll.

  1. E-Verify! Keep up the pressure?
    Will the politicians that we elect ever carry out the interests of the American people? I read today on the AMERICAN PATROL website that President Obama is in a discussion to cap government money such as cutting back on NASA appropriations the sending men back to the moon in 1020? Yet we are still spending–BILLIONS–on illegal immigrants who have managed to settle here? If we cannot afford to go back to the moon, how can we afford to pay for illegal immigration? Obama can find billions to Prop-up States like Sanctuary California to pay for illegal immigrants, but he cannot find the cash to pay for space exploration. How can we allow millions of poor people to continue to cross our borders? So why are taxpayers forced by pariah lawmakers to pay for education, health care and even now anticipating BILLIONS more dollars to enact a ominous Comprehensive Immigration Reform? We all know by now, that this is a very crafty way to pass another AMNESTY. These people who have entered this country without permission? Every time a new immigration enforcement is passed, the open border Liberal-Democrats-Republicans use their influence to water the law down. How many of us know, that the controversial border fence is by law supposed to be–TWO SEPARATE–FENCES? Senator Obama voted for it. more than three years ago, but only 35 miles of double-layered fencing is in place and much of the remaining 360 miles of the border fencing is badly constructed–without real barriers. The Truth is the government is lying to us.

    The Secure Fence Act of 2006 (Pub.L. 109-367) was enacted October 26, 2006 in the United States. The act allows for over 700 miles (1,100 km) of double-reinforced fence to be built along the border with Mexico across cities and deserts alike, in the U.S. states of California, Arizona, New Mexico and Texas in areas that have experienced illegal drug trafficking, human slavery, gun peddling, illegal immigration and the threat of terrorism. Rep. Duncan Hunter of California who was the originator of the double fence, has not seen this happen, nor the complete wall that is just open areas, with the old barbed wire strands. Underfunded from its inception, the border fence was compromised by the open border organization, that includes American business consortium’s. As in Washington today, a team of intelligence operatives stated to Speaker Pelosi that a El Queda attack was imminent within the next 6 months. This is the time to enforce our borders with the National Guard fully armed and obviously apparent along the whole 2000 feet length. The majority of our State economies are broke–with California leading the pack. Arizona lawmakers realizing the main cause of their financial dilemma, the support of illegal workers and their families.

    E-Verify is one of the most successful mechanisms to remove illegal workers, but as yet it is not mandatory. It costs nothing to use it and it has been demonized by every pro-illegal immigrant group, along with corrupt politicians and their financial clients in the business consortium’s. E-Verify must be national, with no exclusions. THIS SHOULD BECOME THE No.1 PRIORITY FOR EVERY SMALL AND LARGE COMPANY, THAT KNOWINGLY HIRING A FOREIGN WORKERS CARRIES PENALTIES SUCH AS HARSH FINES AND PRISON SENTENCES. THERE SHOULD BE NO EXCEPTIONS TO THIS RULE?

    Our GOVERNMENT HAS SOLD ITSELF TO WALL STREET AND BOTH WALL STREET AND THE UNITED STATES ARE DEBTORS TO COMMUNIST CHINA. We cannot afford to subsidize every illegal family member, every Mother with a child who becomes an instant citizen, when 15 million Americans and residents are jobless, when our own people live in poverty. Yes! We always need exceptional highly skilled engineers and scientists, but not the indigent and desperate that we must endlessly financially support. Not semi-skilled labor that will take less wages, than our own people, who themselves will end up in the unemployment benefits line. Call the Capitol Switchboard at 202-224-3121 to be connected to your Senator and Congressman and use the voting power of THE PEOPLE. Go to NUMBERSUSA AND JUDICIAL WATCH for more information about this catastrophe that could overwhelm this country in the coming months.
    Latest Immigration news: President cuts border security budget
    While telling the American people that national security is a priority in his administration, President Barack Obama submitted a 2011 budget proposal that includes cuts to U.S. border security. — The proposed budget cuts include a reduction in Border Patrol agents and a cut in the amount of money allocated for the so-called “virtual fence” on the U.S.-Mexico border…

    1. Posting rules
      This is as good a time as any to restate our four minimum standards for approving posts.

      1. Your response should be no longer than the article you are responding to. (The above screed is more than twice as long as the original article.)

      2. Your response should be original, and not a standardized cut-and-paste job. (The above screed was already posted verbatim here and here and here and here. Not acceptable.)

      3. Your post should be reasonably literate. (The above screed is pretty sloppy, but could be considered reasonably literate by very forgiving standards.)

      4. Hate speech (ethnic slurs, overt threats, etc.) will not be tolerated. (The above screed is pretty hateful, but probably falls short of narrowly defined hate speech.)

      Ignorance and malarky will not be censored, but will be subject to rigorous ridicule and repudiation.

      We encourage reader feedback, but please abide by these standards. The above post will be left only as an example of what kind of posts will not be approved in the future.

    2. amnesty
      Undocumented citizens are a blessing for the United States. They contribute billions of dollars to the American economy. Media hatemongers and their lies have scared some people. Let the amnesty process take it’s course and our country will prosper.

      1. We agree with you, but…
        Technically speaking “undocumented citizen” is a contradiction in terms. And while we support amnesty, whether it (or anything) will make “our country prosper” is questionable… Certainly building a $6 billion border that won’t work will only make matters worse.