Re: Tough New Illegal Immigration Law in Oklahoma
- From: "Francis A. Miniter" <miniter@xxxxxxxxxxxxxxx>
- Date: Sun, 28 Oct 2007 14:32:42 -0400
elf wrote:
"Lauradog" <lauradog@xxxxxxxxx> wrote in message
news:5oi44lFn008lU2@xxxxxxxxxxxxxxxxxxxxx
The republican-controlled Oklahoma legislature has passed the toughest
illegal immigration law in the U.S.
Um, no they didn't. They passed an unenforceable and stupid law.
You want to make it tough on illegal immigrants, then punish the
EMPLOYERS.
They could make it requirement that to work in Oklahoma you have to
present valid U.S. Passport or "Green Card", and severely punish employers
who don't check.
Actually, since federal legislation already requires employers to obtain two pieces of documentation for each new employee to prove it is legitimate to employ, the legislation you describe would set a standard different from that of the feds and would be ruled unconstitutional even faster on the grounds of preemption, even without the claim that the immigration power is granted solely to the federal government. Similar rulings have occurred in the medical malpractice area with claims against HMOs. The courts have routinely thrown out such cases, ruling that the federal legislation (which protects HMOs from such claims) preempts the state legislation or state common law, which, therefore, can have no legal effect.
Francis A. Miniter
Don't know how long that would withstand the inevitable and
probably justified lawsuit from the ACLU -- but if it survived, it was.
enforced, and the penalties really stung employers (e.g., a fine of 10% of
taxable gross income each instance ought to get their attention) it'd work
pretty damned good to drive illegals out of Oklahoma since they'd never be
able to produce the necessary items to get hired.
Attacking the supply side has never, ever worked to stop any kind of
smuggling, of people or items. However, if you make the demand go away, so
will the supply -- in a hurry.
Of course, once the supply went away, Oklahome might change it's mind .
. .
elf
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