In an action claiming that provisions of the Oklahoma Taxpayer and Citizen Protection Act (the Act) were preempted by federal law, a preliminary injunction in favor of plaintiffs is affirmed in part where: 1) section 7(C) of the Act imposed sanctions "upon those who employ unauthorized aliens," and was thus preempted by 8 U.S.C. section 1324a(h)(2); and 2) by requiring verification of independent contractors, section 9 of the Act risked exposing contracting entities to liability under federal law, and thus section 9 was preempted as well. However, the order is reversed in part where section 7(B) of the Act was not preempted because no evidence suggested that federal standards concerning immigration and employment-verification would be compromised by the online monitoring system required by that section.
Filed February 2, 2010
Opinion by Judge Lucero
M. Daniel Weitman, Kevin L. McClure and Sandra D. Rinehart, Oklahoma Attorney General's Office, Oklahoma City, OK
Robin S. Conrad and Shane Brennan, National Chamber Litigation Center, Inc., Sidley Austin LLP, Washington, DC