Judge tosses immigration lawsuit

By Devona Walker

Staff Writer

TULSA — U.S. District Judge James Payne, in a very strongly worded opinion, dismissed a lawsuit against Oklahoma's controversial immigration bill, House Bill 1804, Wednesday evening.

Payne found that half the complainants lacked standing and said those with standing — a handful of "illegal alien complainants” — were attempting to use the court to openly violate federal law.

"These plaintiffs admit their violation of federal law, and then ask this court to allow them to file suit anonymously, so as to avoid detection by the federal law enforcement,” Payne wrote. "These illegal alien plaintiffs seek nothing more than to use this court as a vehicle for their continued unlawful presence in this country. To allow these plaintiffs to do so would make this court an abettor of iniquity and this court finds that simply unpalatable.”

Payne remarked that his ruling might have been different had the plaintiffs been children whose unlawful presence in this country was involuntary.