Focus on Oklahoma, Arizona, and North Carolina

Oklahoma's new and controversial immigration law, known as one of the strictest in the country, HB 1804, went into effect this month. 
The bill eliminates undocumented aliens' ability to get official government identification cards, such as a driver's license or occupational license, and prevents undocumented immigrants from obtaining public benefits or assistance other than what is required by federal law, such as education and emergency medical care. (See the Community Action Project of Tulsa County's excellent fact sheet on HB 1804 for more details on the bills ramifications.  See also the Oklahoman's review "From 9/11 to present: How we got to HB 1804" for a detailed timeline of immigration policies and events in Oklahoma.)

Native-born Oklahomans are feeling the effects of the law, too, thanks to the now rigorous process involved in renewing your driver's license.  The new rules include having to present document to a certified driver's license examiner -- not just your local tag agency as before -- a change that means a 70-mile trip for some.

Local business owners are also feeling the effects. Since the new state law went into effect almost one month ago, one local grocer's business has been off between $50,000 and $75,000 a week.  In less than a month, the Oklahoma Homebuilder's Association has lost 10% of its statewide workforce, leading the group to call the law "devastating."  Construction firms that have been unable to fill all employment slots, may have to offer higher wages to attract applicants; some warn that this higher cost of doing business will result in higher housing costs.

The Tahlequah Daily Press printed the first in a two-part series highlighting two state legislators that despite supporting HB 1804, find the law disappointing, creating more fear than security. Sen. Jim Wilson, who sat on the task force examining the immigration issue prior to the bill's passage, told the Tahlequah Daily Press that "illegal immigrants have not affected the overall bottom line" of health care or education.  He also states, "We collect unemployment insurance, state and federal withholding taxes and Social Security [from working illegals]. Illegal immigrants are paying into these, but are unable to collect benefits. Dollar for dollar, we're making money on them."  Sen. Wilson also acknowledges that the effects of unlawful immigration on the earning power of legal residents is minimal, adding that high school graduates and college graduates actually make slightly more money because of undocumented workers.

The Tahlequah Daily Press' second-part of the series examined the myriad concerns for employers as well as those who provide services to the needy.  The Archdiocese of Oklahoma City has already sent a pledge of resistance to the bill, with Tulsa's Bishop Edward James Slattery indicating that priests under his jurisdiction were prepared to go to jail, if necessary, to protect their parishioners. Baptist General Convention, too, passed a resolution stating that "House Bill 1804 related to illegal immigration will not change their ministry to any people." As David Blatt, Policy Director of Community Action Project of Tulsa County notes, however, HB 1804 still states that services necessary for the protection of life and safety are available to everyone, regardless of status. Services that will still be available to all, regardless of citizenship status, include crisis counseling and intervention program; child protection services, adult protective services, violence and abuse prevention, and victims services; short-term shelter or housing assistance for the homeless; soup kitchens, community food banks and senior nutrition programs; and medical and public health services.
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Even though Arizona's employer sanctions law (HB 2779), passed by the Legislature and signed by the Gov. Napolitano earlier this year, won't go into effect until January 1st, it's making news as opponents were dealt a legal setback last week and Hispanic businesses are already seeing a negative impact. The law allows a judge to suspend a firm's ability to do business for up to 10 days if it is found to have knowingly hired an undocumented immigrant, with a second offense within three years resulting in permanent revocation of all state licenses and permits. 

At a hearing on November 15th, U.S. District Judge Neil Wake told attorneys for various companies and business groups suing to challenge the law that only those who can show an immediate threat of prosecution have standing to ask him to void a state law -- a problem since none of the lawsuit's plaintiffs admit to hiring undocumented workers.  Wake also signaled that the entire lawsuit may be flawed, pointing out that it asks him to block the Governor and Attorney General from enforcing the statute, even though it will individual county attorneys that will be charged with prosecuting offending employers. Meanwhile, Reuters reported that Hispanic businesses are already reporting a losses in customers due to the new law, as immigrants leave, fleeing the state, and others who are considering leaving, slow their spending. 
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In North Carolina, the community college system has ordered its 58 schools to admit undocumented immigrants, overturning policies established at more than one-third of the heavily enrolled colleges. David Sullivan, the system's top lawyer, dispatched a memo November 7 telling the community colleges that state regulations require the schools to admit undocumented applicants who meet the basic requirements of either graduating from high school or being 18 years of age. The policy reversal was based on a 1997 advisory letter from the office of then-Attorney General and now Gov. Mike Easley that, while not addressing undocumented immigrants specifically, said that the community colleges cannot impose nonacademic criteria for admission.  In an interview with The Charlotte Observer this morning, Gov. Easley backed the policy reversal saying:

“The people we are talking about were brought here as babies and young children through no fault of their own. They distinguished themselves throughout our K-12 (public school) system. Now, I’m not willing to grind my heel in their faces and slam the door on them. The Community College System has to be open to them in order for them to be productive members of our society and help North Carolina and America compete in the world economy.”