U.S. District Court for the Western District of Oklahoma

Case Status


Docket Number

08-6127, 08-6128


Case Updates

Settlement reached in case questioning federal preemption of Oklahoma immigration law

December 19, 2012

After the Tenth Circuit's ruling, the case was remanded to the district court and had been stayed pending the Supreme Court's decision in Chamber of Commerce v. Whiting. On 12/19/12, the parties settled this case and the district court approved the settlement.

The Tenth Circuit agreed unanimously that federal immigration law preempts two provisions of an Oklahoma statute that would have opened the door to a new type of discrimination lawsuit against businesses. The three Tenth Circuit judges failed to reach an agreement on a third provision of the Oklahoma law, which mandates that all public contractors in Oklahoma must use E-Verify. However, the court left untouched a portion of an injunction barring the Oklahoma governor from enforcing the E-Verify provision.

Complaint filed 2/1/08. Motion for preliminary injunction filed 2/1/08. Reply brief filed 3/27/08. Plaintiffs’ opposition to motion to dismiss and plaintiffs’ consolidated reply in support of motion for preliminary injunction filed 3/28/08. Defendants’ responses filed 4/08/08 and 4/15/08. Plaintiffs’ motion to strike filed 4/16/08. Court notice dated 5/21/08 pursuant to FRCP 5.1(b). Preliminary injunction granted 6/4/08. Defendants’ appeal filed 6/16/08. Oklahoma’s opening brief filed 8/25/08. Chamber’s reply brief filed 10/14/08. Attorney general’s reply filed 11/7/08. Tax commissioner’s reply filed 11/19/08. Chamber’s surrreply and motion to strike filed 11/24/08. Appellants’ response filed 12/14/08. Chamber’s reply supporting its motion to strike filed 12/15/08. Motion to reschedule oral argument filed 1/22/09. Oral argument held 5/4/09. Appellants' supplemental brief filed 5/22/09. Plaintiffs' response filed 6/3/09. Defendants' 28j letter filed 9/4/09. Decided 2/2/10. Opposition to rehearing en banc filed 3/18/10. Rehearing en banc denied 4/19/10.

Case Documents