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HB 1804 appeal denied in part

HB 1804 appeal denied in part

Tulsa World

By ROBERT BOCZKIEWICZ World Correspondent

Published: 2/3/2010 2:25 AM
Last Modified: 2/3/2010 5:44 PM

DENVER
—An appeals court ruled Tuesday that Oklahoma cannot enforce two employment provisions in House Bill 1804, the state's immigration control law, but allowed a third employment part of the law to be enforced.

The 10th U.S. Circuit Court of Appeals ruled against two portions of the law:

A prohibition against firing workers legally in the country while retaining workers illegally in the country.

A requirement that businesses contracting with private contractors obtain documents that the individuals are authorized to work or, without documentation, withhold taxes at the top rate.

The court's 3-0 decision upheld a lower court's preliminary injunction against those two provisions and means they will not be enforced, pending further legal action.

The court ruled 2-1 in favor of a third part of the law. That portion requires employers to use a federal computer system called E-Verify to check eligibility of job seekers. The provision only affects businesses that contract with government entities for physical performance of services, such as building roads or bridges... FULL ARTICLE



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