Oklahoma Immigration Law: Temporary Injunction Granted on Preemption Grounds

The Tulsa World Reports:

A federal judge on Wednesday halted one of the final implementations of House Bill 1804, Oklahoma new immigration law aimed at decreasing the use of illegal workers while addressing other immigration concerns.

U.S. District Judge Robin Cauthron granted a preliminary injunction in a case that has pitted the U.S. Chamber of Commerce and several Oklahoma chambers against the state.

The injunction prohibits two sections of House Bill 1804 from taking effect July 1. One section would require an employer to verify a worker's eligibility for employment within the United States before the employer could be eligible for state contracts. The other would require businesses to verify the work authorization status of individual independent contractors to avoid state tax penalties.

The U.S. Chamber of Commerce filed for an injunction in the state's Western District of federal court on Feb. 1. 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.

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