February 1, 2008         Contact: Kevin McHale

NCLC Challenges Constitutionality of Oklahoma Immigration Law

WASHINGTON, D.C.-The National Chamber Litigation Center (NCLC) today filed a lawsuit to enjoin Oklahoma's immigration law from interfering with federal law that comprehensively regulates the employment of unauthorized workers. Parties to this lawsuit include co-plaintiffs U.S. Chamber of Commerce, The State Chamber of Oklahoma, Greater Oklahoma City Chamber, Tulsa Metro Chamber, Oklahoma Restaurant Association and Oklahoma Hotel and Lodging Association

"Piecemeal efforts to regulate the employment of unauthorized workers are unconstitutional and preempted by federal law," said Robin Conrad, executive vice president of the National Chamber Litigation Center which represents the U.S. Chamber in Chamber of Commerce, et al. v. Henry, et al. "Oklahoma's immigration law is one of several - including the ordinance struck down in Hazleton, Pennsylvania - that we have challenged. The Constitution plainly prohibits state and local governments from undermining well-established federal law regulating the employment of immigrants in the United States."

The Oklahoma law requires employers doing business with the state to use the "Basic Pilot Program," the federal government's voluntary and error riddled experimental program for verifying work eligibility. The new law also requires businesses to verify the work authorization status of any individual independent contractors to avoid state tax penalties, and allows discharged employees to bring discrimination claims against their employers if they can show that the employer knew or "should have known" another employee was unauthorized. A federal court in Pennsylvania ruled last July that similar state and local regulation of unauthorized workers interferes with Congressional objectives and is unconstitutional.

"Immigration is a national issue," Conrad said. "What is happening across the country in states like Oklahoma and Arizona shows that piecemeal immigration laws are not the answer, and that Congress needs to enact comprehensive federal immigration reform."

The National Chamber Litigation Center, the public policy law firm of the U.S. Chamber of Commerce, is a membership organization that advocates fair treatment of business in the courts and before regulatory agencies. The U.S. Chamber of Commerce is the world's largest business federation representing more than 3 million businesses and organizations of every size, sector, and region.

NCLC

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