Untangling the Oklahoma Taxpayer and Citizen Protection Act: Consequences for Children and Families

Abstract

The Oklahoma Taxpayer and Citizen Protection Act (House Bill 1804) went into effect on November 1, 2007. House Bill (HB) 1804, is among the most far-reaching of the anti-immigrant laws enacted at the state level and is composed of broad provisions that have the potential to affect all aspects of life in Oklahoma for unauthorized immigrants, including where they live, how they move from place to place, what services they receive from both public and private agencies, and how they are handled when they come into contact with the law enforcement system. The Urban Institute examined the effects of HB 1804 to better understand the implications of these provisions for immigrant families with children.

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Introduction

The Oklahoma Taxpayer and Citizen Protection Act went into effect on November 1, 2007. At the time, Oklahoma was experiencing a robust economy with unemployment rates hovering around 4%. Immigrants accounted for about 5% of the state’s total population, with unauthorized immigrants an estimated 1–2% of the total. This legislation, commonly referred to as House Bill (HB) 1804, is among the most farreaching of the anti-immigrant laws enacted at the state level. Among other things, HB 1804:

• Makes it a state (in addition to federal) crime to knowingly “transport, harbor, or shelter” unauthorized immigrants
• Prohibits issuance and use of driver’s licenses and other forms of identification (including birth certificates) for and by unauthorized immigrants
• Requires jails to verify the legal status of persons detained on felony and DUI charges
• Requires public employers and state and local government contractors to use the Department of Homeland Security’s electronic verification database (E-Verify) to confirm the work authorization of all employees
• Requires that all applicants for state and local public services and benefits over the age of 14 have their immigration status verified through the federal government’s Systematic Alien Verification for Entitlements (SAVE) Program
• Encourages state and local law enforcement agencies to enter into 287(g) cooperation agreements with the Department of Homeland Security to enforce immigration laws
• Prevents unauthorized immigrant students from receiving scholarships and financial assistance and allows the State Regents for Higher Education to preserve the policy giving unauthorized immigrant students access to in-state tuition as long as they can prove that they intend to adjust their legal status

The combination of these provisions has potentially wide implications for immigrant families with children, especially those with unauthorized parents. To better understand the implications of the combination of these provisions this study focused primarily on the following questions:

1. How has the law been implemented?

• How broadly is House Bill 1804 being interpreted and how rigorously is it being implemented?
• How are its provisions being enforced and what benefits and services have been restricted for immigrant families?
• What other federal, state, and local policy changes targeting unauthorized immigrants (e.g., the 287(g) program in Tulsa) were in place or implemented alongside HB 1804?

2. How has the implementation of HB 1804, alongside other policies aimed at unauthorized immigrants, affected Latino families and children in Oklahoma?

• Have there been any changes in children’s access to health and social services? Has immigrants’ use of services changed?
• Have there been any effects on children’s access to education, particularly early education and K–12?
• How have schools and early education providers reacted to the law? Have there been any changes in enrollment or in students’ grades or behavior?

In this paper, we focus on the implementation of HB 1804, with particular attention on Oklahoma City and Tulsa. A brief overview of the study methods is followed by a discussion of immigration trends and the foreign-born population in Oklahoma. We then describe the context for the legislation through an overview of the economic and political environment in which HB 1804 was enacted. This is followed by a discussion of the legislation’s key provisions, as well as related policy changes at both the state and local levels. Then we present our findings regarding the preliminary consequences of the legislation on children and families in Oklahoma. Finally, we draw conclusions and policy recommendations from the research.

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