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Published November 26, 2007 04:20 pm - With the passage of H.B. 1804, Oklahoma joined a number of states, including Georgia and Colorado, that have responded to the ongoing failure of federal immigration reform efforts by asserting broader authority over immigration matters.

Businesses, charities unsure of new law's implications
The final in a two-part series concerning the state's new immigration law examines myriad concerns for employers as well as those who provide services to the needy.

By TEDDYE SNELL
tsnell@tahlequahdailypress.com

TAHLEQUAH DAILY PRESS

With the passage of H.B. 1804, Oklahoma joined a number of states, including Georgia and Colorado, that have responded to the ongoing failure of federal immigration reform efforts by asserting broader authority over immigration matters.

However, given the federal government's exclusive constitutional power to regulate immigration and the broad array of federal laws and court rulings already in place concerning immigration, laws such as H.B. 1804 inevitably raise myriad legal and practical questions that are not easily disentangled.

Among those potentially affected by the new law are community nonprofit organizations, private businesses, religious congregations, advocacy groups, citizens and residents. According to the provisions in H.B. 1804, anyone caught transporting, concealing, harboring or sheltering an illegal immigrant can be charged with a felony, which has many churches and shelters confused as to how to serve those in need.

Several such entities have decided to continue to provide aid despite wide criticism: the Catholic Church, the Baptist General Convention, and Tulsa's John 3:16 mission.

Although most Hispanics are Catholic, many also attend services at Southern Baptist churches across the state. The Archdiocese of Oklahoma City has already sent a pledge of resistance to Gov. Brad Henry opposing the law, as did the Oklahoma City Muslim community.

According to a recent interview with Fox 23 television, Tulsa's Bishop Edward James Slattery indicated priests under his jurisdiction were prepared to go to jail, if necessary, to protect their parishioners.

"If I have to go to jail for exercising my priesthood or my pastoral leadership, then I will go to jail," he told Fox 23. "I won't be the first. History books are filled with bishops of priests who have gone to jail for the gospel."

Following Slattery's announcement, the Baptist General Convention passed a resolution stating "Christians are under biblical mandate to respect the driving institution of government and its laws. Let it be known that House Bill 1804 related to illegal immigration will not change their ministry to any people."

The Southern Baptist Church indicated they don't necessarily agree or oppose the new law, but will continue to minister to anyone inside their church.

"As Christians, that should be our number one focus: God first, government second," said Baptist General Convention spokeswoman Heidi Wilburn. "While we will obey the law to the best of our ability, when people come to our church to worship with us, we are not going to ask for proof of citizenship."

Sen. Jim Wilson, D-Tahlequah, indicated in an earlier interview the legislation, while sweeping in its changes, had very little muscle when it comes to actual enforcement. What the law does is create an atmosphere of panic and fear among those who provide aid, including churches and advocacy agencies.

"There's not a police force in the state that's in a position to enforce the law," said Wilson. "They don't have the resources, nor do they have the cooperation of the federal entities if they do try to arrest and deport illegal immigrants."

Many area residents are concerned illegal immigrants take advantage of benefits such as food stamps, energy assistance and health care without paying into the systems via taxes.

According to a report by the Community Action Project, a Tulsa-based public policy organization, those fears are unfounded.

Under H.B. 1804, state and local agencies providing such services are required to verify legal states of those applying to receive services, which must be notarized. In effect, the law merely mirrors federal laws already in place.



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