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U.S. District Court for the Western District of Oklahoma

Case Status

Resolved

Docket Number

08-6127, 08-6128

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Case Updates

Settlement reached in case questioning federal preemption of Oklahoma immigration law

December 19, 2012

After the Tenth Circuit's ruling, the case was remanded to the district court and had been stayed pending the Supreme Court's decision in Chamber of Commerce v. Whiting. On 12/19/12, the parties settled this case and the district court approved the settlement.

The Tenth Circuit agreed unanimously that federal immigration law preempts two provisions of an Oklahoma statute that would have opened the door to a new type of discrimination lawsuit against businesses. The three Tenth Circuit judges failed to reach an agreement on a third provision of the Oklahoma law, which mandates that all public contractors in Oklahoma must use E-Verify. However, the court left untouched a portion of an injunction barring the Oklahoma governor from enforcing the E-Verify provision.

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