HB1804

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Oklahoma House Bill 1804 is a strict anti-immigration law introduced by state Rep. Randy Terrill (R), chairman of the Revenue and Taxation Committee. The law makes it a felony even to give an illegal immigrant a ride. It also forbids the state from providing education, healthcare and many other services to undocumented immigrants, including infants. It requires police to check the immigration status of anyone “suspected” of being in this country illegally.

The bill passed the Oklahoma House, 88-9, with 35 of the 44 Democrats joining the Republicans. It then passed the Oklahoma Senate on a 41-6 vote with two-thirds of the Democrats lining up with Republicans.

Among its provisions are the following:

The State of Oklahoma finds that illegal immigration is causing economic hardship and lawlessness in this state and that illegal immigration is encouraged by public agencies within this state that provide public benefits without verifying immigration status. [...] Therefore, the people of the State of Oklahoma declare that it is a compelling public interest of this state to discourage illegal immigration [...]. A. It shall be unlawful for any person to transport, move, or attempt to transport within the United States any alien knowing or in reckless disregard of the fact that the alien has come to, entered, or remained in the United States in violation of law, in furtherance of the illegal presence of the alien in the United States. B. It shall be unlawful for any person to conceal, harbor, or shelter from detection any alien in any place, including any building or means of transportation [...]. C. Any person violating the provisions of subsections A or B of this section shall, upon conviction, be guilty of a felony [...].

SECTION 7. [...] A. Every public employer shall register and participate in the Basic Pilot Program to verify the work authorization status of all new employees. B. 1. No public employer shall enter into a contract for the physical performance of services within this state unless the contractor registers and participates in the Basic Pilot Program to verify the work authorization status of all new employees.

SECTION 8. [...] A. Except as provided in subsection C of this section or where exempted by federal law, every agency or a political subdivision of this state shall verify the lawful presence in the United States of any natural person fourteen (14) years of age or older who has applied for state or local public benefits [...]. C. Verification of lawful presence under the provisions of this section shall not be required: 2. For assistance for health care items and services that are necessary for the treatment of an emergency medical condition, as defined in 42 U.S.C. Section 1396b(v)(3), of the alien involved and are not related to an organ transplant procedure; D. Verification of lawful presence in the United States by the agency or political subdivision required to make such verification shall require that the applicant execute an affidavit under penalty of perjury that: 1. He or she is a United States citizen; or 2. He or she is a qualified alien under the federal Immigration and Nationality Act, and is lawfully present in the United States.

SECTION 10. [...] A. The Attorney General is authorized and directed to negotiate the terms of a Memorandum of Understanding between the State of Oklahoma and the United States Department of Justice or the United States Department of Homeland Security concerning the enforcement of federal immigration and custom laws, detention and removals, and investigations in the State of Oklahoma.