Brad Henry has grounds for continuing. The lawsuit involves House Bill Oklahoma s immigration enforcement legislation. Since states are presumably immune from prosecution the two state officials were named in the suit. Part of the motion to dismiss the lawsuit alleges the two state officials are improper defendants. It claims the lawsuit is premature. It also argues the federal court should abstain from making judgment and allow Oklahoma to resolve this matter. However the plaintiffs in the case are arguing it is not premature. Department of Homeland Security to have those people deported. The law also requires state agencies to verify citizenship before disbursing public benefits or funds. District Judge James Payne has not said when he will decide on a motion to dismiss the lawsuit.
Source: www.examiner-enterprise.com/articles/2007/11/11/news/state/news905.txt
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