IMMIGRATION REFORM LAW INSTITUTE'S CRITIQUE OF H4400 AS AMENDED

 

Roan,

 

I apologize this took longer than I expected.  I hope I reviewed the correct document - see my comments below:

 

CHAPTER 14

 

Section 8-14-20(B)(2)

            I think a section should be added to clearly state that "all documents pursuant to 8 U.S.C. §1324a(b)(1)(A)." 

            (as it stands now the language contradicts the documents permitted to show authorized status under the Immigration Reform and Control Act)

 

SECTION 4

 

Section 23-3-80

            287-G should be changed to 287(g) to (A)(1) and (4)

            Also, language should be added under (A) to expressly state "pursuant to 8 U.S.C. 1357(g).

            Remove (5) entirely because this is not wording from 1357(g)

 

CHAPTER 29

 

Section 8-29-10(C)(7)

            This section contradicts and conflicts with Section 17, Section 59-101-430(A) - which provides that an alien unlawfully present is not eligible for higher learning

                        I would remove this section entirely

 

            (F) - I would provide that a person "…shall be guilty under penalty of perjury" instead of "…shall be guilty of a felony"

           

            (F) - Permit the court to choose whether to award 3X actual damage OR relief as it consider proper and necessary (as it stands now - the court is required to award 3X the amount)

                        Change to "..the court MAY award 3X the actual damages sustained OR may provide such other relief as it considers…"

 

SECTION 9

 

Section 16-9-460(A) & (B)

            I would change the wording to comport exactly with OK HB 1804 (link below - section 3)

                        http://www.irli.org/IRLIModelOrd_HB1804_OK.pdf

 

SECTION 10

 

Section 16-13-525(A)

            Change "…an alien who is unlawfully present in the U.S…." to "an unauthorized alien" (since it is important to use terms from 1324a)

 

            (B) - permit the court to award 3X the amount of damages OR such other relief as its deems just and prope

                        (read wording under CHAPTER 29)

 

SECTION 11

 

Section 23-3-1100(B)

            Use the language provided in IRLI's model ordinance (section (b))

                        http://www.irli.org/IRLI_tcpa_a103.pdf

 

CHAPTER 83

 

Section 43-83-30(J)

            As stated above - permit the Court to award 3X amount of what is proper

                        (use wording under CHAPTER 29)

 

CHAPTER 8

 

Section 41-8-50(F)

            Remove the "assessing a civil penalty" - this is preempted (or prevented by federal law) since it violates 8 USC §1324a(h)(2) (states cannot impose civil penalties on companies who employ unauthorized aliens)

           

 

Overall, my suggestions will only enhance the chances that this bill has solid wording and will not be struck down in a legal challenge.  The bill is fairly good, but with some fatal flaws.  Let me know if the legislators heed our warnings.

 

And let me know if you have further questions.

 

Have a good day.          

           

 

Sharma S. Hammond

Staff Attorney

Immigration Reform Law Institute (IRLI)

"A public interest law firm representing citizens in immigration-related matters."

(202) 742-1828

shammond@irli.org

 

 

LEGAL NOTICE: The information in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are the intended recipient, you are hereby notified that any review, dissemination, distribution, or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email and destroy all copies of the original message.