The battle over HB 1804 continues.
The Oklahoma law, which punishes state contractors if they are found to have unauthorized workers, has been in legal limbo since June 4. U.S. District Court Judge Robin J. Cauthron issued a court order stating the law is probably unconstitutional and cannot be enforced.
Today, the U.S. Chamber of Commerce – one of several plaintiffs in the case – urged the U.S. 10th Circuit Court of Appeals to uphold the lower court’s decision and prevent enforcement of the law, on the grounds that immigration law is a federal matter.
“Immigration is a national issue that requires a national solution,” top chamber litigator Robin S. Conrad said. “A patchwork of conflicting and inconsistent state laws is not the answer to comprehensive immigration reform.”
The law requires employers doing business with the state to use the E-Verify emloyment eligibility verification system. It also allows discrimination claims against any employer who retains an unauthorized worker and “should have known” the employee was not legal.
“Federal regulation of the employment of aliens leaves no room for state interference,” Conrad said. “Federal law broadly pre-empts the field of employment verification, and any attempt by states to meddle in this domain is unconstitutional.”
Although it is an Oklahoma law, employees and workers across the country are watching the legal battle because the outcome will have repercussions nationally, indicating what is and is not safe legal ground for the states to regulate in terms of immigrant workers.