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New Oklahoma Law Takes Aim at Companies That Hire Illegal Workers

By Diane Adams

The Governor of Oklahoma, Brad Henry, signed into law, on May 9, 2007, the Oklahoma Taxpayer and Citizen Relief Act. The Act is designed to foster enforcement of existing federal immigration laws. Considered by many to be toughest state immigration action to date, the legislation contains sweeping reforms aimed at controlling illegal immigration in the state.

After reluctantly signing the bill, Henry commented, "Illegal immigration is a very serious national security issue that must be addressed at the federal level, states can take some actions on their own, but until the U.S. Congress enacts a comprehensive, national immigration policy, citizens will see little progress on this issue."

While the debate continues over whether or not immigration issues should be handled by state and/or local governments, and federal reform attempts which could solve many state and local complaints driving independent attempts at immigration control are seemingly losing steam, the Oklahoma law is scheduled to go into effect on November 1, 2007.

For public employers and companies that do business with the state (contractors and subcontractors), hiring in Oklahoma has become more complicated. The bill contains provisions designed to prevent the employment of illegal immigrants, one of which is to require every public employer to verify the legal work status of new hires by entering them into a "status verification system" (the Department of Homeland Security's Basic Pilot Program, an electronic database designed to verify that an applicant's name and Social Security Number match.) Companies must sign up to use a status verification system by July 1, 2008. The law is not retroactive regarding employees hired before this date. The bill states in part:

Every public employer* shall register and participate in the Basic Pilot

Program to verify the work authorization status of all new employees.

No public employer shall enter into a contract for the 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.

* A public employer is defined as "every department, agency, or instrumentality of the state or a political subdivision of the state".

Along with the mandate of Basic Pilot use for these employers, the bill goes on to assign employers the responsibility of withholding state income tax at the rate of six percent of the compensation paid to an employee who does not present a valid Social Security Number, as well as containing provisions to protect citizens and legal immigrants who lose their jobs at companies that employ illegal aliens to perform similar tasks.

The legislation also makes it a felony, accompanied by fines and possible jail time, for anyone caught knowingly transporting, concealing, harboring or sheltering an illegal alien.

Although the impact this bill has on employers is limited in comparison with the State of Colorado's recent legislation, Oklahoma has made a clear statement that it will not accept the knowing employment of illegal workers. It remains to be seen with what degree of vigor and in what manner the state will approach the enforcement of this measure.