Oklahoma's Immigration Law No Longer Toughest In Nation

By Jeffrey Smith, The News On 6

TULSA, OK – Arizona's immigration law is 17 pages long. But if you had to boil down the controversy to two words, its reasonable suspicion.

"It opens up the door, and that's the gist of it. It opens up the door to racial profiling," said Jason Martinez, Law Offices of Carlos Williams.

Because Arizona's law mandates police to ask somebody for documentation if they have that suspicion, it's being called the toughest immigration law in the nation.

It wasn't too long ago that Oklahoma's immigration law, forever known as 1804, was called the toughest in the country. It requires probable cause of a crime to ask for documentation.

"Is Oklahoma's law much different than Arizona?" It is. In my opinion it is," Martinez said. "Oklahoma did not put the burden on the police officer, to determine whether you were here unlawfully or not. Unless, a crime had already been committed."

But to get the probable cause, Jason Martinez says questionable arrests for minor traffic violations have been on the rise in Oklahoma.

"I have seen so many cases come through here where sometimes they're not even charged with a traffic ticket, sometimes they're charged with some bogus thing, like failure to display a tag properly. Or playing the music too loud," he said.

Martinez says Arizona's law goes right to the heart of the U.S. Constitution, equal protection under the law.

"I am an American citizen," Martinez said. "And it made me feel that I have to prove more than the blonde hair blue eye guy, that I am a citizen."

Some provisions of 1804 were struck down by the courts earlier this year, but others remain in effect.

Arizona's new law goes into effect in July. The mayor of Arizona's largest city wants to pursue a lawsuit

The federal government is looking into its own lawsuit.

4/26/2010 Related Story: Tulsa's ICE Program A Success, Sheriff Says