Oklahoma
Is Oklahoma's Department of Public Safety ready to roll out Operation Guardian?
OKLAHOMA CITY — The Oklahoma Department of Public Safety released a progress report on its goal to implement “Operation Guardian” — a plan to deport “criminal illegal aliens” from state and county jails.
2 News read the full 10-page report. Here’s what we found.
Oklahoma Commissioner of Public Safety and Homeland Security Advisor Tim Tipton was charged with finding strategies to implement the plan by Governor Kevin Stitt in November 2024.
Local News
‘Operation Guardian’ | What it means for Oklahoma
The report outlines legal precedents allowing these deportations but said more is needed from the federal government before a full comprehensive plan can be made.
“In consultation with Governor Stitt, it seems clear a comprehensive plan cannot be completed and executed until President Trump’s cabinet and agency heads have an opportunity to implement President Trump’s executive orders and agenda concerning illegal immigrants,” Tipton said. “However, please accept this report on the findings and planning progress to date.”
How many illegal immigrants are in Oklahoma state prisons?
According to the report, 525 illegal immigrants are being held in ODOC prisons.
Of those 525, these are the crimes they’re being held for:
- 139 (27%) non-violent drug crimes,
- 11 (2%) non-violent property crimes,
- 103 (20%) violent assault crimes,
- 38 (7%) violent sex crimes,
- 159 (30%) violent crimes against children, and
- 75 (14%) violent crimes resulting in death.
The report also shared the nationality of those 525:
- 377 (72%) Mexico
- 40 (8%) Guatemala
- 35 (7%) Honduras
- 7 (1%) Vietnam
- 66 (12%) Other
What does the state plan to do about it?
Tipton outlines the first steps of the plan, which include:
- Identifying approaches to transferring criminal illegal aliens in ODOC to ICE custody for removal
- Identifying approaches to transferring criminal illegal aliens in county jails to ICE custody for removal
- Addressing criminal illegal aliens who have already been released from ODOC custody
- Identifying approaches for law enforcement officer contacts with criminal illegal aliens
- Identifying approaches to mitigate the risks faced by migrant juveniles who were
released at the border into the U.S. by the Biden-Harris administration
Is Operation Guardian legal?
Tipton and his team reviewed existing laws and said they found several legal approaches to take.
Oklahoma statutes allow for a few types of parole that would allow ICE to take custody of the inmates:
Removal Parole is allowed under Oklahoma Statute Title 57 for non-violent offenders who are not a U.S. citizen and have a final deportation order. Removal Parole requires three Pardon and Parole Board members to agree on their parole.
Administrative Parole, given under the same statute, allows parole for non-violent criminals who served at least a third or fourth of their sentence depending on when the crime was committed. Administrative Parole requires action by the Pardon and Parole Board. Offenders eligible for this type will be paroled from ODOC custody whether or not ICE take the offender.
If the offender is within six months of their discharge date, there must also be no objection from the victim or district attorney. If they are not within six months of discharge, there must be no objection and the offender must have complied with their ODOC case plan.
Traditional Discretionary Parole, under the same statute, is for offenders who have served a portion of their sentence and weren’t sentenced to life without parole. For both violent and non-violent offenders, parole is subject to the discretion of the Pardon and Parole Board and the Governor.
ICE Rapid REPAT (Removal of Eligible Parolees Accepted for Transfer) is authorized under federal andstate statutes. This method requires a US-issued deportation order, serving 1/3 of their sentence, and a non-85% crime conviction. The federal government would also require that the state request the removal in formal writing. The offender must waive all administrative and judicial appeals and agree to cooperate with ICE to facilitate the removal.
Oklahoma law, since 1996, directs the ODOC to “vigorously” pursue available mechanisms to support ICE in processing inmates for removal.
In addition to these, President Trump’s Executive Orders would likely expand the options available if implemented.
How much does this cost?
The report found it costs $36,000 a day in taxpayer funds to house those 525 people.
No information was given on how much Operation Guardian would cost to implement.
What about illegal immigrants in county jails?
Tipton says in the report, “There are likely hundreds more with ICE detainers (or who would qualify for ICE detainers) in county jails serving out a judgment and sentence for being held in pretrial detention.”
2 News has been tracking ICE holds in the Tulsa County Jail since Jan. 23 and has only seen two. At the time of publishing this article, the jail reports having zero ICE holds.
The Tulsa County Jail does have an agreement with ICE under the 287g program. Under this, ICE trained detention officers evaluate the citizenship of people booked into the jail.
If they determine that person is not here legally, ICE places a 287g hold on that inmate. Once that person has dealt with their state charges, they are turned over to ICE, a jail representative said.
The representative did clarify that the jail is not an ICE holding facility. Any illegal inmate booked must be picked up by ICE within 72 hours.
The report identified three other detention facilities with some form of agreement with ICE. Those are Okmulgee, Canadian and Kay counties.
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“It is my Great Honor to endorse MAGA Warrior, Mike Mazzei, who is running for Governor of Oklahoma, a State which I love, and WON BIG — All 77 out of 77 Counties in 2016, 2020, and 2024, and with the Highest Popular Vote Count, EVER!
As a successful Businessman, and former Chairman of the State Senate Finance Committee, and later, as Oklahoma’s Secretary of Budget, Mike knows the AMERICA FIRST Policies required to Grow our Economy, Create GREAT Jobs, Cut Taxes and Regulations, Promote MADE IN THE U.S.A., and Unleash American Energy DOMINANCE. As your next Governor, Mike will fight tirelessly to Support our Amazing Farmers and Ranchers, Keep our Border SECURE, Stop Migrant Crime, Ensure LAW AND ORDER, Strengthen our Military/Veterans, and Defend our always under siege Second Amendment.
Mike Mazzei has my Complete and Total Endorsement to be the next Governor of Oklahoma — HE WILL NEVER LET YOU DOWN!”
The Oklahoma State Cowboys and the USC Upstate Spartans meet in the first game of the Tuscaloosa Regional on Friday.
The Cowboys (37-20) and the Spartans (33-28) have never met on the diamond. Both enter the game on hot streaks. Oklahoma State didn’t win the Big 12 Tournament, but the Cowboys have won 11 of their last 14 games. The Spartans won the Big South Conference Tournament champions and have won 14 of their last 16 games.
The game is the first of two in Tuscaloosa. The second game features the host school, Alabama, facing Alabama State. The winners of the first two games will meet Saturday for a trip to the regional final on Sunday.
Oklahoma State fans can keep up with the game here, including lineups and inning by inning details on the game. Check out Oklahoma State On SI’s NCAA Tournament Central for everything related to the Tuscaloosa Regional.
Game Details
Oklahoma State vs. USC Upstate
Time: 1 p.m. central
TV: ESPN+ (Derek Jones & Jared Mitchell on the call). NOTE: TV is subject to change without notice. Game times and TV for games played after Friday will be announced.
Radio: Cowboy Radio Network & The Varsity Network App/93.7 KSPI-FM or okla.state/GetVarsity (Rex Holt on the call)
OSU Batting Order
The batting order for Friday’s game will be posted here when it is released by the team.
Tuscaloosa Regional
Location: Tuscaloosa, Ala. Venue: Sewell-Thomas Stadium (5,867).
Friday’s Games
Game 1: USC Upstate vs. Oklahoma State, 1 p.m., ESPN+
Game 2: Alabama State vs. Alabama, 6 p.m., ESPN+
Saturday’s Games
Game 3: Game 1 loser vs. Game 2 loser, TBA (elimination game)
Game 4: Game 1 winner vs. Game 2 winner, TBA (advances to Sunday’s final)
Sunday’s Games
Game 5: Winner Game 3 vs. Loser Game 4 (elimination game)
Game 6: Winner Game 4 vs. Winner Game 5
Monday’s Game
Game 7: Winner Game 6 vs. Loser Game 6 (if necessary)
(Times subject to change for TV purposes)
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Brent Swadley, owner of Swadley’s Bar-B-Q, found guilty in fraud trial
A jury convicted Brent Swadley of fraud for inflating invoices involving Oklahoma state park restaurants.
A jury convicted Brent Swadley, owner of a string of popular Oklahoma barbecue restaurants, at his fraud trial and chose prison time as his punishment.
The 12 jurors reached their unanimous verdict Thursday, May 28, in a felony case that focused on Swadley’s inflated bills for the renovation and operation of restaurants at six state parks.
Jurors found Swadley, 55, guilty of one count of conspiracy to defraud the state and all five counts of presenting fraudulent claims to the state.
They chose five years in prison and a $25,000 fine as his punishment for the conspiracy. They agreed on one year in prison and a $10,000 fine as punishment on each fraudulent claims count.
Oklahoma County District Judge Susan Stallings could order Swadley to serve the time back to back for a total of 10 years.
Jurors voted for the maximum fines but showed leniency on prison time. Jurors could have chosen prison sentences totaling 20 years.
Sheriff’s deputies led Swadley from the courtroom in handcuffs to be taken to jail. Formal sentencing was set for July 16.
His defense attorney, David Smith, said, “We are not done fighting.”
Still to be decided by the judge is restitution. Prosecutors said Swadley defrauded the state of at least $3.1 million.
The owner of Swadley’s Bar-B-Q did not testify at his trial but has been outspoken in the past that he is innocent.
“The state attorney general … is pushing a false, politically motivated narrative accusing us of purposely misleading the government. Nothing could be further from the truth,” he wrote in an open letter to Oklahomans in 2024 after he was indicted.
Jurors took only 90 minutes to reach their verdict. “It was pretty easy,” one juror told prosecutors afterward.
Attorney General Gentner Drummond, who is running for governor, told reporters outside the courtroom that the case was never political.
“Mr. Swadley broke the law. His arrogance has been illustrated for the last four years, and I’m very happy that justice has been done,” Drummond said.
Swadley trial ends in guilty verdict, AG Drummond ‘proud’ of prosecution
A jury unanimously found Brent Swadley guilty of defrauding the state, sentencing him to five years in prison and $25,000 fine.
“I think we in state government have a tendency to trust Oklahomans,” he added. “I think it’s a lesson for state actors. We need to not trust as we have before.”
In a news release, the attorney general said, “Today is a win for Oklahoma and for the rule of law.”
Swadley signed a contract with the state in March 2020 to remodel and operate state park restaurants. The agreement was finalized weeks before COVID-19 shutdowns began across the world.
Swadley went ahead with the remodeling, completing work at four of the parks in months. His restaurants became a huge hit as Oklahomans spent more time outdoors because of the pandemic.
Jurors heard testimony that many of the invoices sent to the state for reimbursement of construction and other costs were marked up. Some were inflated as much as 300%.Swadley operated the state park restaurants under the company name Swadley’s Foggy Bottom Kitchen. The last one opened in 2022.
The Oklahoma Tourism and Recreation Department in April 2022 canceled its contract with Swadley’s Foggy Bottom Kitchen due to “suspected fraudulent activity and questionable business practices.”Much of the testimony centered around meat smokers sold to the state in 2021. The cancelation of the contracts came after tourism officials learned the smokers were used.
Swadley put the smokers in at Robbers Cave State Park and Quartz Mountain State Park. They had been in storage after he removed them from a Swadley’s Bar-B-Q in Ardmore.
He paid $23,680 each for the smokers in 2018, according to evidence in the case. He billed the state $51,346 each for the smokers in 2021.
A restaurant supplier testified at trial that he faked paperwork that Swadley used to support the bill to the state. “He told me to make them as expensive as I could,” Mike McWhorter told jurors.
Swadley’s defense attorneys maintained at trial that it was an understood standard business practice to inflate invoices.
“Their case is − and this is no joke − Brent Swadley was supposed to do all of this construction work and not make a dime,” Smith told jurors in his closing argument.
The attorney said Swadley became the fall guy for a mess created by Jerry Winchester, the executive director of the Tourism Department at the time, and Gino DeMarco, the deputy director.
Smith argued that Winchester knew the smokers were used and lied at trial. Winchester told jurors he thought the state was buying brand new smokers.
The defense attorney also told jurors, “What we’ve got here is a paperwork dispute, not fraud.”
Prosecutors told jurors Brent Swadley was greedy and had said the state contract might save his business during the pandemic.
“Brent Swadley believes the rules do not apply to him,” Assistant Attorney General McKenzie McMahan said in his closing argument.
The key witnesses against Swadley were former employees.
His former vice president, Curtis Breuklander, and former chief operating officer, Tim Hooper, testified invoices were marked up at Swadley’s direction.
Breuklander, 51, pleaded guilty to the conspiracy count and four of the fraudulent claim counts. “I did all of this at the direction of Brent Swadley,” he said in his plea paperwork.
Under a deal with prosecutors, Breuklander was sentenced to probation for 10 years. He stopped working for Swadley in September 2021.
Hooper, 57, also pleaded guilty to the conspiracy count. He pleaded guilty to one fraudulent claim count and no contest to another fraudulent claim count.
Under his deal, Hooper was put on probation for five years. He was fired by Swadley in 2023.
Under the state contract, Swadley’s Foggy Bottom Kitchen was reimbursed for the costs of improvements to the restaurants, up to a limit. The state also covered the company’s operating losses, at first up to $1 million a year and later up to $2,116,900 a year.
The state further paid the company management fees, at first $571,808 per year and later $1,332,000 per year.
Swadley is expected to appeal. His defense attorneys are expected to complain about the judge’s refusal to let two expert witnesses testify at trial.
(This story was updated to add new information.)
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