HB1804, the Citizens and Taxpayers Protection Act, dealing with clamping down on illegal immigration was signed into law by Governor Henry on May 8th.
This legislation is a product of several years' consultation with state
legislators from both parties. It is an important step for the IRLI
strategy on incremental state-by-state reform. IRLI provides technical
assistance to legislators based on successful measures from other
HB 1804 is tough on employers violating the law and prevents illegal
aliens from obtaining drivers license and benefits, while still
protecting the privileges and immunities of U.S. citizens and
respecting constitutional rights for all persons. HB 1804 includes a
mix of criminal, fiscal and anti-fraud provisions that collectively
restrict the ability of illegal aliens to unlawfully work and reside
within the state.
The Statement of Legislative Intent (Section 2) declares the states
compelling interest in immigration law compliance, finding that illegal
immigration causes economic hardship and lawless and has been
improperly encouraged by public agencies within the state.
Section 3 replicates the federal provision that makes it a felony
punishable by imprisonment for not less than 1 year or a fine of
$1000.00, for any person to transport, harbor, or shelter an alien in
reckless disregard for their illegal immigration status. State and
local prosecutors now have the tools to stop illegal aliens from
"residing" in ,
or traveling instate in search of unlawful employment.
Section 4 restricts issuance of most official identification documents
to U.S. citizens, legal permanent resident aliens or holders of valid
unexpired visas. Illegal aliens cannot operate in-state if they lack
official documentation. Use of foreign consular cards issued to illegal
aliens has been prohibited.
Section 5 requires police to verify the immigration status of persons
who have been arrested and detained at a local jail for felony crimes,
and report all illegal aliens to the U.S. .
Section 7 requires all public employers to use the Basic Pilot
electronic work authorization verification program. State and local
public contractors are prohibited from commencing work on a
taxpayer-funded contract before they register with the Basic Pilot
Section 8 requires every public agency to verify the lawful presence of
aliens aged 14 years or older who applies for state or local public
benefits, using the online SAVE system, as authorized by the 1996
Welfare Reform Act. Standard federal exceptions for emergency health
care treatment or other public health services apply. This measure
builds on similar provisions developed by IRLI that have been
successfully adopted by Virginia, ,
Section 9 provides that employers shall withhold state income tax for
independent contractors who failed to provide a Social Security number.
Reduces the incentive to hire illegal aliens as cheap day laborers and
"contractors," and helps safeguard workers compensation and other labor
law protections against abuse.
Section 10 directs the Oklahoma Attorney General to negotiate a
"287(g)" cooperative agreement between the and the U.S. to increase state and local police joint
enforcement of federal immigration law with DHS. 287(g) agreements help
insure that illegal aliens discovered by Oklahoma police officers are
quickly and safely transferred into federal custody. Helps fight "catch
and release" abuses that allow criminal aliens back into the
neighborhoods where they were arrested.