HB 1446: Changing immigration laws in Oklahoma
Recently this year a Republican representative by the name of Goerge Faught proposed HB 1446. Currently, the bill is on hold, but has been passed to the discussion stages by both the Oklahoma House of Representatives and the Senate. It is based off of strict new laws in Arizona and other border states.
I found the wording of the bill on the Oklahoma legislature website and read through it. Here are basic points I obtained from the bill that apply directly to immigration:
- It is unlawful for anyone to transport an alien in furtherance of their presence in the United States, whether knowingly or unknowingly.
- It is unlawful for anyone to conceal an alien in the state of Oklahoma, whether knowingly or unknowingly.
- It is unlawful for anyone to tamper with their documents.
- It is unlawful for anyone to smuggle human beings for profit or commercial purposes.
- It is unlawful for aliens to try to get a job.
- It is unlawful for employers to hire aliens
The bill also talked about the right of law enforcement agents to demand documents from people, a major issue in the bill proposed by Arizona.
House Votes on HB 1446
Today I went on the OK legislature and compiled a scorecard of the House of Represenatives' votes on HB 1446. Here it is:
Senate Votes on HB 1446 (SCORECARD)
Immigration in Arizona
The newer, tougher immigration laws in Arizona, which played a huge part in influencing the one produced in Oklahoma, were put in effect last year. The law gives law enforcement in Arizona the right to demand the status of people on whom they have "reasonable suspicion" and to arrest them if they are unable to provide the correct documents. It also makes it illegal to transport aliens or to hire laborers off the street in the state of Arizona. All of the measures are included in Oklahoma's HB 1446
The biggest argument for the law is that immigrants are taking jobs away from Americans. I was not able to find any statistics supporting or negating this argument, but article after article that I have read says that illegal immigrants do not if act take our jobs. Jobs that we want, anyway. Illegal immigrants, because of their illegal status, typically take jobs that Americans do not want, especially labor jobs. One farmer was even quoted saying that aliens are more reliable workers than Americans. The second largest argument that I was able to find was that the new laws would lead to decreased crime. Apparently, the presence of immigrants causes increased crime, especially in the state of Arizona, but is that really true? I looked at crime reports published by the Arizona DPS in the years of 2002 and 2010. The reports can be found here and here. The numbers of immigrants to the US has been increasing steadily since the 1990's, more notable in the past decade. But in 2002 the number of crime index offenses in the state of Arizona was 341,101 and in 2010 the number was 250,252. That's a difference of 90,576 offenses, a pretty big number.
Arguments against the law were more in number and, in my opinion, stronger. They are:
- The law will most likely lead to racial profiling, because it is highly unlikely that whites or even blacks will be asked to show their documentation. The "reasonable suspicions" that officers will be acting under will most likely be based on ethnicity, especially if that person has an accent. The result of this type of profiling will be demeaning to the minorities suspected, especially Hispanics and Mexicans.
- The law will be extremely expensive for the state of Arizona which already has a state deficit of trillions of dollars.
- Now that drug cartels and other over-the-border illegal activity leaders know who is going to be asked for documentation or searched, it will be easier for them to send products with whites or blacks, especially since law enforcement will be focused on immigrants.
- The law creates an uncomfortable atmosphere between law enforcement officers and immigrants, especially in a reason that boast a large number of immigrants. The threat that any law enforcement officer has the right to demand documents from a person makes the uncomfortable and resentful.
- Immigrants are an essential part of the economy, especially since they tend to do jobs that Americans would not do.
- The law destroys the concept of a melting pot, as well as freedom and new opportunity in the United States.
Boycott in Arizona over new immigration law
In early 2010 after Arizona signed into effect its new Immigration law, hundreds of people, organizations, and even cities enacted a boycott against the state of Arizona. Civil rights leaders called out for the ban, a coalition called boycott Arizona was formed, and cities such as San Fransisco and Los Angeles have declared ends to deals and contract with Arizona. Conventions throughout Arizona were canceled and moved to other states and people were discouraged from going to Suns and Diamond back games.Tourism, which is one of Arizona's largest industries, was also been boycotted.
The boycott was similar to a tourism boycott put into place in the 1980s after Arizona refused to recognize MLK day as a national holiday. After millions of dollars in losses the holiday was recognized.
Lawsuit against Arizona immigration law
The Justice Department in July 2010 filed a lawsuit challenging the state's immigration policy, claiming the "invalid" law interfered with federal immigration responsibilities and "must be struck down."
The suit named the state of Arizona as well as Gov. Jan Brewer as defendants. In it, the Justice Department claimed the federal government has "preeminent authority" on immigration enforcement and that the Arizona law "disrupts" that balance. It urged the U.S. District Court in Arizona to "preliminarily and permanently" prohibit the state from enforcing the law.
• The requirement that police officers investigate the immigration status of all individuals they stop if the officers suspect that they are in the country unlawfully;
• The mandatory detention of individuals who are arrested, even for minor offenses that would normally result in a ticket, if they cannot verify that they are authorized to be in the U.S.;
• The new statute imposing state criminal penalties for non-citizens failing to register with the Department of Homeland Security or failing to carry registration documents;
• The provision for warrantless arrest of individuals who are deemed by state or local police officers to be "removable" from the U.S.; and
• The new state statute making it a crime for alleged undocumented immigrants to work.
• The mandatory detention of individuals who are arrested, even for minor offenses that would normally result in a ticket, if they cannot verify that they are authorized to be in the U.S.;
• The new statute imposing state criminal penalties for non-citizens failing to register with the Department of Homeland Security or failing to carry registration documents;
• The provision for warrantless arrest of individuals who are deemed by state or local police officers to be "removable" from the U.S.; and
• The new state statute making it a crime for alleged undocumented immigrants to work.
The court blocked the provision that would create an Arizona ban on undocumented persons applying for, soliciting or performing work. However, the court did not block the provisions that prohibit day laborers from being hired if the party hiring them impedes traffic. The civil rights coalition maintains these sections violate free speech protections and are confident that they too will ultimately be barred as unconstitutional under the First Amendment.
Information by the justice department can be found here at their website.
Immigration in Alabama and Georgia
It seems as though Oklahoma and Arizona aren't the only ones enacting strict immigration laws.
Both Alabama and Georgia have recently enacted laws that are similar to those in Oklahoma and Arizona. The law in Arizona, in particular, makes it illegal to,"...knowingly transport, harbor, or rent property to illegal aliens...", which sounds just like what I have read about the immigration laws in Oklahoma and Arizona.
Both of the laws in Alabama and Georgia have had a devastating effect on the states' economies. Many workers have disappeared in fear of the new laws and their consequences. In Georgia farmers are left short of a whopping 11,000 workers! Contractors and farmers are both losing money, and some have even begun doing grocery shopping for some of their workers in desperation. Many crops will go to waste because there are no workers to pick them. According to many employers American laborers were not reliable or simple quit after the first day. Also, rebuilding after tornadoes in Alabama has been slowed because of lack of workers.
Alabama came up with a solution to help farmers pick crops on time. They sent prisoners to help pick crops and do other labor that needed to be done. However, apparently Americans who have chosen a life of crime simply don't have the same work ethic as Guatemalan immigrants who walked 500 miles through the desert to feed their families. (I digress, I stole that from The Colbert Report)
