Judge tosses immigration lawsuit

TULSA — U.S. District Judge James Payne, in a very strongly worded opinion, dismissed a lawsuit against Oklahoma's controversial immigration bill, House Bill 1804, Wednesday evening.

Payne found that half the complainants lacked standing and said those with standing — a handful of "illegal alien complainants” — were attempting to use the court to openly violate federal law.

"These plaintiffs admit their violation of federal law, and then ask this court to allow them to file suit anonymously, so as to avoid detection by the federal law enforcement,” Payne wrote. "These illegal alien plaintiffs seek nothing more than to use this court as a vehicle for their continued unlawful presence in this country. To allow these plaintiffs to do so would make this court an abettor of iniquity and this court finds that simply unpalatable.”

Payne remarked that his ruling might have been different had the plaintiffs been children whose unlawful presence in this country was involuntary.

The lawsuit was filed in early September by the Coalition of Latino Clergy and Christian Leaders, two restaurants, two churches, a construction company and a half dozen Jane and John Doe defendants. The suit questioned the constitutionality of the law, arguing that Oklahoma was treading into federal territory.

Author declares victory

Bill author Rep. Randy Terrill, R-Moore, lauded the decision as a great victory.

"It has been my position all along that House Bill 1804 would withstand any legal challenge brought against it. The judge's decision to dismiss the case again vindicates that view,” Terrill said. "House Bill 1804 is a very carefully calibrated measure designed to sync perfectly with federal immigration law and not exceed the scope of state authority in this matter.

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