Court Delays Enforcement of Oklahoma Immigration Law

The U.S. District Court for the Western District of Oklahoma postponed enforcement of employer related portions of an Oklahoma immigration law because it is “substantially likely” that the provisions of the law unconstitutionally interfere with federal regulation of the employment of unauthorized workers. A law suit was brought by the State Chamber of Oklahoma, Greater Oklahoma City Chamber, Tulsa Metro Chamber, Oklahoma Restaurant Association and Oklahoma Hotel and Lodging Association against a "state immigration law" that requires employers doing business with the state to use “E-Verify”, a federal government’s voluntary and error riddled experimental program for electronically verifying work eligibility.

Plaintiffs argued they are entitled to an injunction because the challenged provisions of H.B. 1804 conflict with, and are preempted by, federal law. According to Plaintiffs, 8
U.S.C. § 1324a(h)(2) reflects Congress’s intent to preempt the field of immigration regulation and because H.B. 1804 conflicts with § 1324a(h)(2), the state law must be set
aside.  Judge Robin J. Cauthron concluded that "because of the need to determine the validity of the State’s action in an area typically reserved for congressional
action and the irreparable harm Plaintiffs will suffer if an unconstitutional Act is enforced, the Court finds Plaintiffs’ Motion for Preliminary Injunction (Dkt. No. 5) should be and is GRANTED."