Democrat Breaks Down HB 1804

Oklahoma Democrat Bill Clifford provided us with this great break-down of the immigration bill -- HB 1804 -- currently on the Governor's desk for approval or veto......

House Bill 1804: 1804 is an effort by some of our State Legislators to insert Oklahoma into the Federal issue of Immigration. It seems aimed at people of Hispanic or Latino heritage. The problem with H.B. 1804 (the so-called "Oklahoma Taxpayer and Citizen Protection Act of 2007") is the number of problem areas it creates.


Money:A House Fiscal Impact Analysis of HB 1804 (attached) declares start-up costs to be minimal. Long term considerations: "None". However, a review of a bill similar to HB 1804 by eighteen departments of Colorado's Joint Budget Committee identified over $2 million in increased state costs associated with that legislative proposal, without any savings to the state. In addition, costs to implement provisions of this bill by the Department of Public Safety and Oklahoma's local governments are not included in the analysis done on HB1804 by the Oklahoma House Staff.

Respect for the Law : Advocates for HB 1804 note that most of this bill is existing federal law. That's true. However, if the Memorandum of Understanding required in Section 10 is drawn under the Oklahoma Interlocal Cooperation Act (Title 74, O.S., 1001-1008), the bill's structure turns Oklahoma Law Enforcement Agencies at every level throughout the State into extensions of various federal agencies. Under Oklahoma's Interlocal Cooperation Act, different levels of government share powers. Once HB 1804 is linked to provisions of the Interlocal Cooperation Act by Memorandum of Understanding (as required in Section 10 of HB 1804), the federal immigration tasks delineated in HB 1804 become our responsibilities, with no reimbursement provisions in the bill. Also, legal mandates (unfunded, or otherwise) established by H.B. 1804 will continue to have the force of state law, even after new immigration legislation is enacted at the National level. And, by the way, making our police and sheriffs' departments federal enforcement agents can significantly reduce effective "community policing" efforts designed to foster cooperation among neighborhood residents and local law enforcement authorities in areas like anti-gang and drug enforcement activities.

Human Service Organizations: HB 1804 requires that agencies of the State of Oklahoma, its political subdivisions, their contractors, and their subcontractors use a "status verification system" to confirm citizenship status of persons reasonably suspected of being in this country illegally. Many of Oklahoma's charitable and non-profit human service organizations literally don't know how this affects their service-client relationships - - or how they might be able to pay the federal costs associated with obtaining the required information.

Legal Challenges: Finally, many aspects of HB 1804 appear to be unconstitutional. It attempts to force state authority into areas that the Courts have already determined to be an exclusive federal power - - the power to regulate immigration.[De Canas v Bica, 424 U.S.351 (1976)]. If passed into law, HB 1804 could involve the State of Oklahoma in an expensive court fight, as it tries to defend this legislation on its Constitutional merits. This, at a time when both the Congress and the White House are exploring a federal solution to illegal immigration through the already introduced, bipartisan STRIVE Act (HR 1645), which is currently being negotiated. Setting state-related enforcement costs aside for just a moment, passage of HR 1645 would make Oklahoma's efforts to defend the legitimacy of HB 1804 not only expensive, but also unnecessary.

"1984": Also attached is a press release, issued by a National influence group, commenting on the passage of H.B. 1804. Portrayal of this legislation by this group as a major victory for "civil rights" reminds me of the terms "newspeak" and "doublespeak" adapted from the Orwell novel "1984". In fact, if it's made law, H.B. 1804 does turn Oklahoma's private and public employers into a kind of "secret police" network, required to report to Authorities those persons "reasonably suspected" (?) as being in this country illegally - - all in the name of citizen protection.

Official Data: The U.S. Bureau of the Census shows Hispanic and Latino people to be an established and rapidly growing part of localities throughout the State of Oklahoma. These people have become part of our respective communities. We, as a People, need to reach out to them and help them fully participate in the democracy that our State and Nation promise.

That's the American Way...