Immigration law to take effect

TULSA — A new immigration enforcement law, arguably one of the nation’s toughest, is effective Thursday.

An 11th hour request for an injunction to block the implementation of HB 1804 was denied by U.S. District Judge James Payne about 7 p.m. tonight after a hearing that happened just hours before the law’s Nov. 1 implementation.

“In light of the plaintiffs’ failure to introduce evidence in support of their motion, and in light of plaintiffs’ limited argument in support of their motion, the court cannot conclude the plaintiffs’ right to a preliminary injunction has been clearly and unequivocally established,” Judge Payne wrote.

Payne said the plaintiffs, which included the National Coalition of Latino Clergy and Religious Leaders, did not prove the law would cause irrevocable harm, that the harm it would cause outweighed any injuries the injunction would have caused, or that the injunction was in the public’s interest.

“We appreciate the judge’s consideration of our argument,” said Attorney General spokesman Charlie Price. “Now we will set about the task of amending our motion to dismiss the whole complaint.”

Payne did not weigh in on whether the plaintiffs’ lawsuit would succeed once its merits are argued.

State seeks dismissal

The Attorney General’s defense team has filed a motion, which will be heard Tuesday, to dismiss the lawsuit entirely. That motion will be heard Tuesday.

“We are very disappointed in the judge’s decision,” said plaintiff attorney William Sanchez. “But now, we will concentrate on arguing the case.”

HB 1804 requires local and state law enforcement to check the immigration status of anyone arrested for felonies and DUIs, and then coordinate with the Department of Homeland Security to have those individuals deported. It also requires state agencies to verify citizenship before dispersing public benefits or funds. In addition, it stops illegal immigrants from obtaining driver’s licenses.

The decision was issued about 7 p.m. — just hours before the law takes effect Thursday.

In a cramped Tulsa courtroom, immigrant opponents and advocates evenly divided the room, listening to the arguments that would clench the fates of thousands of illegal immigrants across the state.

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