Friday, March 11, 2011

Oklahoma Immigration Bill

HOUSE BILL NO. 1446 is the so called Arizona Style immigration law that has passed the Oklahoma house by a vote of 85 to 7. This bill that the immigration status of an alien may be determined by a law enforcement officer who is authorized by the federal government to verify or ascertain the immigration status of an alien or the United States Immigration and Customs Enforcement or the United States Customs and Border Protection pursuant to Section 1373(c) of Title 8 of the United States Code.
It also creates a criminal penalty for intentionally smuggling human beings for profit or commercial purposes.  The penalty is a felony punishable by imprisonment for not less than 1 year, a fine of $1,000 or both fine and imprisonment.  A law enforcement officer may lawfully stop any person who is operating a motor vehicle if the officer has reasonable suspicion to believe the person is in violation of any traffic law of this state. Any vehicles, including aircraft, vehicles, or vessels used in any manner in violation of transporting, smuggling or hiring of illegal aliens will be subject to confiscation. If convicted in trafficking the people, these are human beings, they smuggler may lose their vehicle and pay a small fine as previously mentioned. Many believe this does not go far enough in punishment,
This law makes it a criminal penalty for an occupant of a motor vehicle that is stopped on a street, roadway or highway to attempt to hire or hire and pick up passengers for work at a different location if the motor vehicle blocks or impedes the normal movement of traffic. It also creates a criminal penalty for a person to enter a motor vehicle that is stopped on a street, roadway or highway in order to be hired by an occupant of the motor vehicle to be transported to work at a different location if the motor vehicle blocks or impedes the normal movement of traffic. A penalty is created for a person who is unlawfully present in the United States and who is an unauthorized alien to knowingly apply for work, solicit work in a public place or perform work as an employee or independent contractor in this state.  Punishment for conviction of these offenses is a misdemeanor subject to up to 1 year in the county jail, a fine of $500 or both fine and imprisonment
The law will also make it illegal to aide or abed in the hiding or falsification of documents for individuals in the country unlawfully.  Anyone caught doing so shall face a #1,000 fins and a one year jail sentence.
This law will prohibit a person who is unlawfully present in the United States and who is an unauthorized alien to knowingly apply for work, solicit work in a public place or perform work as an employee or independent contractor in this state. If found guilty of breaking this section of the law, a misdemeanor punishable by imprisonment in the county jail for not more than one year, or by a fine of $500.00 or by both such imprisonment and fine will be the result.
This law also gives the ability to verify the immigration states of individuals applying for assistance, schools, or license of this state.
The measure provides that a law enforcement official or agency of this state or a county, city, town or other political subdivision of this state may not consider race, color or national origin in the enforcement of this section except to the extent permitted by the United States Constitution or Oklahoma Constitution.
This law also amends 21 O.S. 2001, Section 1738 with provisions to confiscate properties and monies obtained in the use of trafficking individuals, pimping prostitutes, vehicles used in robberies and discharge of firearms, personal property such as computers and related items used in crimes. The law also designates the dispersal of funds obtained from sales of such properties.
Upon reading, this is not a law against any ethnic group or any individuals legally in this country. You are sure to hear this law and the others being proposed to stop these crimes as anti-Hispanic and the like, although this is simply not true. That is naturalized citizens and those that followed the law to become citizens. This law is clearly meant to stop those that come into the country illegally and also to punish those that bring them in the country, hide them, employ them and use them for prostitution and other selfish gains of the smugglers.  The punishment does seem a bit light in many areas.
Oklahoma is one of only a few states to see an increase in illegal immigrants over the last three years. A study by Pew Research finds a shift in illegal immigration away from the costs and into the heartland.
The firm estimates there are 75,000 illegal immigrants in Oklahoma, up 32% from 2007. Other state to see major increases were Texas and Louisiana.
Oklahoma is currently tied with Iowa, ranking 29th when it comes to the number of illegal immigrants living in the state
A report from Fairus.org shows the annual cost to Oklahoma for public education of illegal students is said to be $67.1 million. A total cost to Oklahoma tax payers is estimated at $465 million in 2010. Emergency Medicaid is estimated to cost our state $53.4 million a year. TANF and CCDF is another $46.3 million. They also show that total taxes collected from this group to be at $22.6 million. This is a net loss of $443.4 million annually.
The full report, covering the entire US numbers, can be found at the link above.

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