Strict Immigration Law Rattles
Okla. Businesses
PARK
HILL, Okla. (By Emily Bazar, USA
Today) January 10, 2008 — Autumn had
arrived in eastern Oklahoma, and
workers at the sprawling Greenleaf
Nursery were prepping for deadly
frosts. They needed to ship plants,
erect greenhouses and bunch trees
together to protect them against the
cold.
But in
late October, about 40 employees
disappeared from the 600-acre nursery
about an hour's drive from Tulsa. "Some
went to Texas, some went to Arkansas,"
nursery President Randy Davis says.
"They just left."
Why did
the workers, all immigrants, flee?
"Those states don't have 1804," Davis
says.
In a
matter of weeks, "1804" has become part
of the Sooner State's lexicon. It refers
to House Bill 1804, the Oklahoma
Taxpayer and Citizen Protection Act of
2007, arguably the nation's toughest
state law targeting illegal immigrants.
Dozens
of state legislatures, citing inaction
by Congress, have adopted measures aimed
at curbing illegal immigration.
Oklahoma's new law, which took effect
Nov. 1, is particularly far-reaching and
has begun sending ripples through the
state's economy and its immigrant
communities. Besides highlighting the
impact of illegal immigration on
Oklahoma, the law has made the state a
laboratory in the national debate over
immigration.
The
Oklahoma measure is broader than a
controversial Arizona law that suspends
or revokes business licenses of
employers who knowingly hire illegal
immigrants. Among other things, 1804
makes it a felony to transport or
shelter illegal immigrants. It also
denies illegal immigrants driver's
licenses and public benefits such as
rental assistance and fuel subsidies.
Many
business owners are especially nervous
about provisions of 1804 that kick in
July 1, when employers with government
contracts must start checking new hires
against a federal database to make sure
they are legally eligible to work. If
the employers don't, they won't get the
contracts.
"I've
already had customers who came in here
and told me they've fired employees
because they didn't know if they were
here legally," says Tim Wagner, an owner
of Cocina De Mino, a Mexican restaurant
in Oklahoma City. He predicts industries
such as agriculture will face worker
shortages.
Widespread reports of vanishing
employees and schoolchildren suggest
thousands of illegal immigrants have
left Oklahoma for neighboring states or
their native countries. Cotton gins,
hotels and home builders have lost
workers. Restaurant and grocery store
owners complain of fewer customers.
Some
businesses and lawmakers are warning
that the economic effects will hit
consumers hard. Having a smaller pool of
workers for certain jobs will cause
delays and create competition among
employers, leading them to raise wages
and prices, Davis and others say.
Republican state Rep. Shane Jett, who
opposed 1804, offers a more dire
prediction. Without changes, the law
"will be the single most destructive
economic disaster since the Dust Bowl,"
he says.
State
Rep. Randy Terrill, the Republican
author of the law, counters that 1804
will save money because taxpayers won't
be subsidizing services for illegal
immigrants. "There's significant
evidence that HB 1804 is achieving its
intended purpose, which is illegal
aliens leaving the state of Oklahoma,"
he says. "HB 1804 is a model not only
for Oklahoma, but for other states and
the nation as well."
An
exodus from Tulsa
Legislatures in 46 states adopted 244
immigration-related measures last year,
the National Conference of State
Legislatures says. Before the passage of
1804, Oklahoma's immigrant population
was growing, fueled by an expanding
economy.
Nearly
5% of Oklahoma's 3.6 million residents
are foreign-born, Census figures show.
The Pew Hispanic Center estimated in
April 2006 that up to 75,000 were
illegal immigrants.
Texas,
which borders Oklahoma and Mexico, has a
longer history with immigration issues.
Daniel Kowalski, a Texas immigration
lawyer who edits Bender's Immigration
Bulletin, believes a measure such as
1804 couldn't win approval in Texas, in
part because about 16% of that state's
23.5 million residents are foreign-born.
The center estimates that up to 1.6
million of them are illegal immigrants.
Since
1804 was approved in Oklahoma,
15,000-25,000 illegal immigrants have
left Tulsa County, the Greater Tulsa
Hispanic Chamber of Commerce says.
Executive director Francisco Trevi?o
bases the estimate on school enrollment,
church attendance and reports from bus
companies with service to Mexico.
"People
are leaving to Mexico or Canada or other
states," says Jim Garcia, manager of
Tulsa's El Mercadito, a Hispanic
grocery. He says sales have fallen 40%
since Nov. 1. "A lot of people are going
to Missouri or Arkansas because they
think it's safer."
Arkansas state Rep. Rick Green, a
Republican, says he has heard from a
doctor who complained that illegal
immigrants from Oklahoma have crossed
the state line for medical care.
"With
Arkansas being a very poor state
economically, the concern is whether we
can shoulder these expenses" stemming
from any influx of immigrants from
Oklahoma, he says.
Supporters of 1804 say the state will
benefit from illegal immigrants leaving.
"That's money in our pocket," says Carol
Helm of Immigration Reform for Oklahoma
Now.
Not all
of those leaving Oklahoma are in the USA
illegally. "I've lost two housekeepers
out of a staff of 12," says Joe Geis,
general manager of the Sleep Inn &
Suites in Edmond. "They were here
legally, (but) they have family" members
who were not.
Immigrant activist Blanca Thames says
she has helped more than 1,000 families
prepare power-of-attorney papers to
protect children in case parents are
deported. Many illegal immigrants have
U.S.-born children who are citizens.
Constitutionality challenged
At
Iglesia Piedra Angular (Cornerstone
Hispanic Church) in Tulsa, senior pastor
José Alfonso estimates that he has lost
15% of his 425-member congregation.
His
church was a plaintiff in two lawsuits
filed by the National Coalition of
Latino Clergy and Christian Leaders that
challenged the constitutionality of the
law. Both were dismissed, the latest
last month when U.S. District Judge
James Payne ruled that the plaintiffs,
who included illegal immigrants, didn't
have standing to sue. He said they would
not have been hurt if they had not
violated U.S. law.
The
coalition says it will appeal
Several
national and statewide business groups
say they are considering their own
lawsuit to challenge the law. "You're
basically putting employers in the
middle of this fight," says Jenna
Hamilton of the National Association of
Home Builders, one of the groups.
Lawmaker Terrill says he has little
sympathy for businesses that hire
illegal workers. He believes 1804 will
create jobs for U.S. citizens.
"There
is no job that an American citizen is
unwilling to do," he says. "They're just
not willing to do it at the wage rates
that are being paid to illegal aliens."
But
some employers say it's hard to hire
citizens in their industries.
"We
have extremely low unemployment. … The
people in southwest Oklahoma who want to
work are working," says Tom Buchanan, a
cotton, cattle and wheat farmer in
Jackson County.
Chris
Ellison, manager of the Motley Gin
cotton gin in Hollis, lost eight of 16
workers since Nov. 1. He says the loss
sent his overtime costs soaring.
"I
would love to hire 20 U.S. citizens
here," Ellison says, but "local people
are not going to quit a job to work
three weeks during the year."
Both
men say they obey U.S. laws and check
workers' identity documents, but they
acknowledge that some may have fake
papers.
"We are
not documents experts," Buchanan says.
Like
farmers and landscapers, builders say
they're struggling.
Earlier
in 2007, Portillo Construction, which
specializes in masonry and stone work in
the Tulsa area, employed about 15
people, co-owner Natanael Portillo says.
All were immigrants.
"On
Nov. 1, not one employee showed up for
work," he says.
He has
since hired several laborers but lost a
contract on a house, he says. "We're
looking at between a $15,000 to $20,000
loss" for 2007, Portillo says.
Home
builder Caleb McCaleb, who works in
Oklahoma City and Edmond, says his
framer lost 30 of his 80 workers, his
painter lost 10 of 35 and his landscaper
lost 15 of 40. That has put homes three
or four weeks behind schedule.
"If we
continue to lose workers, we are going
to have to raise prices," he says.
Cocina
De Mino has seen its Hispanic clientele
decline, especially on Sundays, Wagner
says.
"After
church, usually at 2 or 3 in the
afternoon, they (would) bring their
family. It's usually groups of eight, 10
and 12," he says. "Those groups are not
coming in."
At
Plaza Santa Cecilia, a mall filled with
Hispanic shops in Tulsa, Simon Navarro's
customer base has evaporated. Navarro,
owner of a money-wiring service, says
500 people would come in every day to
send money to relatives in Mexico and
Central America. "Now," he says, "I have
100."
'Son
of 1804' on horizon
Terrill
plans to introduce a follow-up bill this
year that he calls "Son of 1804."
"HB
1804 does not represent everything that
can or should be done in this area," he
says. Among other things, he says, the
new measure would make English the
state's official language and allow
police to seize property of those who
violate 1804, including landlords.
Terrill
says he has been contacted by
legislators in at least a dozen states
who have introduced or are drafting
legislation similar to 1804.
Arkansas legislators may introduce bills
when they next meet in January 2009,
Green says. Some Arkansans who don't
want to wait will try to get a measure
on the ballot this year.
"We're
getting a lot of pressure at home
because they see what Oklahoma's done,"
Green says.
In
Oklahoma, some of Terrill's colleagues
say 1804 needs fixing.
State
Rep. Kris Steele, a Republican who voted
for the bill, has received calls from
non-immigrants complaining that they had
to produce a document such as an
original birth certificate or certified
copy to renew an expired driver's
license. "I want to make sure we're not
necessarily putting the general public
in a quandary," he says.
Jett
would like to create a state-run program
that would allow illegal immigrants to
pay a fine, then work and pay taxes.
Those people, he says, would be exempt
from 1804 at the state level but not
from federal immigration law.
Jose
and Esperanza Becerra, both 38, hope he
succeeds.
The
Tulsa couple came to Oklahoma from
Mexico illegally, Jose 10 years ago and
his wife five years ago. They were drawn
here "because it was a pretty state and
there was work," Jose says.
Since 1804
passed, the Becerras have closed their
bank account and put their home on the
market, just in case they are forced to
leave quickly or against their will.
"Since the law went into effect,"
Esperanza says, "we are in fear every
day."