Published: August 28, 2008 05:06 pm            

NEW: AG defends immigration law

Oklahoma is asking the 10th U.S. Circuit Court of Appeals to throw out a judge's order blocking enforcement of parts of the state's tough anti-illegal immigration law affecting employers and contractors.

The office of Attorney General Drew Edmondson, in a brief filed this week, asks the Denver court to reverse a ruling by U.S. District Judge Robin J. Cauthron, who has blocked enforcement of provisions that had been scheduled to go into effect July 1.

Cauthron ruled the law is probably unconstitutional because it subjects employers to penalties for not using a federal online verification system to determine the legal status of employees and contractors or subcontractors.

The law requires public employers or businesses that have state contracts to withhold income taxes of contractors and subcontractors if they do not use the verification system.

Assistant Attorney General Dan Weitman argued that Oklahoma had every right to enact a law protecting taxpayers from suffering adverse effects from illegal immigration.

Weitman said the statute was carefully crafted so it would not interfere with federal law.

He said Cauthron's decision, if allowed to stand, would be "an extreme intrusion into state sovereignty."

Cauthron issued the order prohibiting enforcement of the law in a suit filed by the U.S. Chamber of Commerce and other business groups. They argued the state law conflicts with federal law, which makes participation in the verification system voluntary.

The state law took effect in November, but the employer provisions were delayed until July 1.

The district court ruling had no effect on other areas of the law, such as provisions that prohibit illegal immigrants from receiving tax-supported services and make it a state crime to transport or harbor an illegal immigrant.

Cauthron said that based on the facts presented to the court, it appears the business plaintiffs "are likely to prevail and consequently are entitled to a preliminary injunction."

The attorney general is asking the appeals court to reverse Cauthron's order refusing to dismiss the suit or find that the court erred in its conclusions.

The brief seeks a hearing on the issue before the appellate court.

        

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