TAHLEQUAH DAILY PRESS — With the passage of H.B. 1804, Oklahoma joined a number of states, including Georgia and Colorado, that have responded to the ongoing failure of federal immigration reform efforts by asserting broader authority over immigration matters.

However, given the federal government's exclusive constitutional power to regulate immigration and the broad array of federal laws and court rulings already in place concerning immigration, laws such as H.B. 1804 inevitably raise myriad legal and practical questions that are not easily disentangled.

Among those potentially affected by the new law are community nonprofit organizations, private businesses, religious congregations, advocacy groups, citizens and residents. According to the provisions in H.B. 1804, anyone caught transporting, concealing, harboring or sheltering an illegal immigrant can be charged with a felony, which has many churches and shelters confused as to how to serve those in need.

Several such entities have decided to continue to provide aid despite wide criticism: the Catholic Church, the Baptist General Convention, and Tulsa's John 3:16 mission.

Although most Hispanics are Catholic, many also attend services at Southern Baptist churches across the state. The Archdiocese of Oklahoma City has already sent a pledge of resistance to Gov. Brad Henry opposing the law, as did the Oklahoma City Muslim community.

According to a recent interview with Fox 23 television, Tulsa's Bishop Edward James Slattery indicated priests under his jurisdiction were prepared to go to jail, if necessary, to protect their parishioners.

"If I have to go to jail for exercising my priesthood or my pastoral leadership, then I will go to jail," he told Fox 23. "I won't be the first. History books are filled with bishops of priests who have gone to jail for the gospel."

Following Slattery's announcement, the Baptist General Convention passed a resolution stating "Christians are under biblical mandate to respect the driving institution of government and its laws. Let it be known that House Bill 1804 related to illegal immigration will not change their ministry to any people."

The Southern Baptist Church indicated they don't necessarily agree or oppose the new law, but will continue to minister to anyone inside their church.

"As Christians, that should be our number one focus: God first, government second," said Baptist General Convention spokeswoman Heidi Wilburn. "While we will obey the law to the best of our ability, when people come to our church to worship with us, we are not going to ask for proof of citizenship."

Sen. Jim Wilson, D-Tahlequah, indicated in an earlier interview the legislation, while sweeping in its changes, had very little muscle when it comes to actual enforcement. What the law does is create an atmosphere of panic and fear among those who provide aid, including churches and advocacy agencies.

"There's not a police force in the state that's in a position to enforce the law," said Wilson. "They don't have the resources, nor do they have the cooperation of the federal entities if they do try to arrest and deport illegal immigrants."

Many area residents are concerned illegal immigrants take advantage of benefits such as food stamps, energy assistance and health care without paying into the systems via taxes.

According to a report by the Community Action Project, a Tulsa-based public policy organization, those fears are unfounded.

Under H.B. 1804, state and local agencies providing such services are required to verify legal states of those applying to receive services, which must be notarized. In effect, the law merely mirrors federal laws already in place.

Services necessary for the protection of life and safety, however, are available to everyone, regardless of status.

"The Department of Justice issued a final notice of order in 2001 determining the kinds of services necessary for the protection of life and safety," stated CAP Director of Public Policy David Blatt, in his report. "All the services encompassed by the DOJ's notice are explicitly exempted from any verification under H.B. 1804, so long as they deliver in-kind services and are open to all without regard to income and services."

A few such services include crisis counseling and intervention program; services relating to child protection, adult protective services, violence and abuse prevention, and victims of domestic violence or other criminal activity; short-term shelter or housing assistance for the homeless; soup kitchens, community food banks and senior nutrition programs; and medical and public health services, including treatment and prevention of diseases and injuries, and mental health.

Attorney General Drew Edmondson indicated the law does not prevent illegal immigrants from receiving basic safety services.

"I do not construe the act to preclude aliens from receiving police, fire, ambulance, transportation (including paratransit), sanitation and other regular, widely available services and, for that I am not making specifications of such programs, services or assistance," he said.

A growing concern for a number of small businesses, including nurseries and contractors, is how the law affects their employee documentation process.

According to the law, private employers may utilize a status verification system such as the Basic Pilot Program, an automated, Internet-based verification system that checks the employment authorization of newly hired employees against several federal databases, including the Social Security Administration and the Department of Homeland Security. However, after July 1, 2008, those who do not choose this option can be found to have committed a "discriminatory practice" if they fire a U.S. citizen or permanent resident alien while knowingly employing an illegal immigrant to do the same job. In essence, the law provides the groundwork for wrongful termination suits should a legal citizen be fired and replaced with an illegal immigrant.

Several business owners, including construction contractors, recently attended the American Subcontractors Association of Oklahoma meeting to get advice from labor employment attorneys like Kevin Doyle concerning the new law.

Like Wilson, Doyle indicated that, although the law "sounds bad" in merely mirrors federal statutes that have always been the law.

One local nursery owner who agreed to speak on the condition of anonymity said it was nearly impossible to determine legal status when hiring workers.

"You tell them you can't hire them without the appropriate documentation," he said. "They leave and come back two days later with drivers licenses and social security cards."

This situation will continue unless more money is allotted to the reinforcement of the new law, said Rep. Mike Brown, D-Tahlequah.

"There was no money set aside to develop an appropriate documentation system," said Brown. "The federal government is supposed to be responsible for securing the borders, yet they keep pushing more and more responsibility onto the states. Without money, it's not going to happen."

With regard to false documentation, H.B. 1804 is virtually toothless, stating "Subject to the availability of funds, the Department of Public Safety is instructed to establish a fraudulent documents identification unit to investigate and apprehend those involved in the sale or distribution of fraudulent identification documents."

According to the CAP report, no funding was appropriated by the Legislature for this purpose. The Commissioner of Public Safety has expressed his eagerness to create such a program in order to address the full range of problems associated with the fraudulent documents, in particular identity theft.