Federal court halts Oklahoma’s newest immigration law before going into effect

OKLAHOMA CITY (KSWO) – A federal judge approved a preliminary injunction on Oklahoma’s newest immigration law after the U.S. Government filed a lawsuit against the measure. House Bill 4156 was set to go into effect July 1.

Immigration bill sees movement

The embattled measure would have allowed for the placing of criminal penalties upon those in the state who entered the country illegally.

In particular, the law would make it illegal for anyone who does not have legal authorization to enter the United States to come into Oklahoma.

The first offense would be a misdemeanor and carry a jail time no longer than a year and fines up to $500. A second offense would be a felony and carry a jail time up to two years and a fine up to $1,000. In both cases, the individual charged would have 72 hours to leave the state after punishment is complete.

Even before the measure was signed into law by Oklahoma Governor Kevin Stitt, advocacy groups alongside some state legislators voiced their concerns amongst Republican cheers for the bill.

But it was Oklahoma Attorney General Gentner Drummond who urged the passage of the bill after the U.S. Supreme Court was hesitant on blocking Texas’ SB4 immigration measure.

“The Biden Administration has been utterly derelict in its duty to enforce federal law,” Drummond said after the state Senate passed HB4156. “If the president won’t secure the nation’s border, then our state must step in to protect Oklahomans. I appreciate President Pro Tempore Treat and Speaker McCall for their swift work on this bill and I encourage Gov. Stitt to sign it into law.”

Southwest-based legislator Sen. Jessica Garvin (R-Duncan) voted for the bill because she believes it will keep Oklahoma safe. Garvin lost her primary race in June.

“Immigration is top of mind for many Oklahomans as we see an unprecedented number of illegal immigrants crossing our nation’s Southern border, bringing illicit drugs and criminal activity that pose a threat to our public safety,” Garvin said.

However, a quite different view was held by the Oklahoma Association of Chiefs of Police and Metro Law Enforcement Agency Leaders.

“Law enforcement leaders from state organizations and municipalities were not substantively involved during the process of drafting and signing HB4156 into law,” the groups wrote. “This bill places crime victims at risk by increasing the fear of reporting to law enforcement. Further, HB4156 brings forth legal challenges in fair and impartial policing and anti-racial profiling.”

Democratic State Sen. Michael Brooks (D-OKC) said he thought the bill missed the mark on truly helping residents of the state.

“We could have provided the framework to give a state ID or driver license to those individuals who comply with specific requirements, including paying state and federal income tax, verifying their identity with the state, registering their address, and submitting a fingerprint to the largest law enforcement database in the nation,” Sen. Brooks said. “These are real solutions that would move our state forward in terms of both our economy and in addressing public safety concerns.”

The bill passed the House by way of a 39-8 vote and the Senate by a vote of 77 to 20.

Every Southwest-based state representative voted in favor of the measure, except for Reps. Trey Caldwell and Daniel Pae who were listed as excused.

Gov. Stitt signed the bill into law April 30.

The DOJ filed lawsuit

In May, the United States Department of Justice filed a lawsuit challenging the newly signed measure.

The lawsuit claimed the bill violates the Constitution’s Supremacy Clause as well as the Foreign Commerce Clause. The DOJ is further claiming the Constitution gives only the federal government the ability to regulate immigration and international borders.

“Oklahoma cannot disregard the U.S. Constitution and settled Supreme Court precedent,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We have brought this action to ensure that Oklahoma adheres to the Constitution and the framework adopted by Congress for regulation of immigration.”

Republican leaders in the state quickly answered with a pushback toward the lawsuit. One of them was Oklahoma Speaker of the House Charles McCall (R-22).

“House Bill 4156 was a carefully crafted, well-thought-out piece of legislation designed to acknowledge the role of the federal government in immigration matters, while at the same time protect the sovereignty and security of our state’s borders,” McCall said.

Now the United States District Court Western District of Oklahoma has issued a preliminary injunction halting the law from going into effect. It was set to take effect July 1.

Members of the Latino Caucus of the Oklahoma Legislature sent out reactionary comments following the issuing of the injunction.

“This bill was a clear political stunt meant to secure the primary elections of our Republican leaders and it wasn’t even successful,” said Rep. Annie Menz, D-Norman. “Instead, it targeted a large portion of Oklahoma, angered law enforcement officials, and attempted to bypass the constitution. An injunction is the obvious choice.”

One member of the caucus said they will not stop working on the behalf of Oklahoma residents to keep them protected.

“Please know that we are working tirelessly to protect your rights and ensure that this bill does not go into effect,” said Rep. Arturo Alonso-Sandoval, D-Oklahoma City. “HB 4156 is a cheap political move that will cost taxpayers millions and will only manage to lose an essential workforce to the state. Oklahoma will be so much better once we are willing to have conversations about actual solutions.”

Those who advocated for this bill’s passage from the beginning, like AG Drummond, were upset at the court’s decision.

“While today’s court ruling is disappointing, I will not stop fighting for Oklahoma and our right to protect our borders,” Drummond said. “The Biden Administration’s complete failure to enforce federal immigration laws made House Bill 4156 a necessity. We intend to appeal today’s decision and defend one of the most powerful tools we have to fight the criminal activity largely being fueled by illegal aliens in Oklahoma.”

As it currently stands, Oklahoma is unable to enforce the provisions of HB4156 until further court rulings.

You can read the full preliminary injunction order below:

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