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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OKLAHOMA CITY – Attorneys for the last two remaining survivors of the 1921 Tulsa Race Massacre asked the Oklahoma Supreme Court on Tuesday to reconsider the case they dismissed last month and called on the Biden administration to help the two women seek justice.

Viola Fletcher, 110, and Lessie Benningfield Randle, 109, are the last known survivors of one of the single worst acts of violence against Black people in U.S. history. As many as 300 Black people were killed; more than 1,200 homes, businesses, schools and churches were destroyed; and thousands were forced into internment camps overseen by the National Guard when a white mob, including some deputized by authorities, looted and burned the Greenwood District, also known as Black Wall Street.

In a petition for rehearing, the women asked the court to reconsider its 8-1 vote upholding the decision of a district court judge in Tulsa last year to dismiss the case.

“Oklahoma, and the United States of America, have failed its Black citizens,” the two women said in a statement read by McKenzie Haynes, a member of their legal team. “With our own eyes, and burned deeply into our memories, we watched white Americans destroy, kill, and loot.”

“And despite these obvious crimes against humanity, not one indictment was issued, most insurance claims remain unpaid or were paid for only pennies on the dollar, and Black Tulsans were forced to leave their homes and live in fear.”

Attorney Damario Solomon Simmons also called on the U.S. Department of Justice to open an investigation into the massacre under the Emmett Till Unsolved Civil Rights Crime Act of 2007, which allows for the reopening of cold cases of violent crimes against Black people committed before 1970. A message left with the DOJ seeking comment was not immediately returned.

The lawsuit was an attempt under Oklahoma’s public nuisance law to force the city of Tulsa and others to make restitution for the destruction. Attorneys also argued that Tulsa appropriated the historic reputation of Black Wall Street “to their own financial and reputational benefit.” They argue that any money the city receives from promoting Greenwood or Black Wall Street, including revenue from the Greenwood Rising History Center, should be placed in a compensation fund for victims and their descendants.

The Oklahoma Veterans Commission announced Monday the selection of another retired admiral to head the Oklahoma Department of Veterans Affairs, an agency embroiled in controversy since 2023.

Retired Rear Adm. James (Jay) Bynum will assume his duties Aug. 1, succeeding retired Rear Adm. Greg Slavonic, who will be leaving after leading the veterans agency since March 2023.

In announcing the appointment, the commission said Bynum would bring “a wealth of experience and a deep commitment to serving the veteran community” after three decades of operational leadership, government finance, data analytics and congressional relations experience.

Earlier the commission had said it received nearly 50 applicants for the position and interviewed half a dozen in person. Slavonic announced his intention to retire in April, but agreed to remain in his post until a successor was found.

Slavonic was named to head the agency after a 2023 conflict between Joel Kintsel, then its executive director, and Gov. Kevin Stitt.

Kintsel, who had run unsuccessfully against Stitt in the 2022 Republican primary for governor, was fired after a dispute over appointments to the Veterans Commission, refusing at one point even to allow commissioners to meet inside the building because he claimed they had been illegally appointed by the governor.

Four of the nine commission positions remain unfilled.

Oklahoma Department of Veterans Affairs in legal battle with contractors over Sallisaw veterans facility

During the same time period it became known that a new veterans facility being constructed in Sallisaw would not open on time and would require extensive modifications because of errors made in the design process. Revisions were estimated to cost more than $20 million.

The agency has filed a lawsuit against two contractors accused of negligence in designing the new 175-bed facility. It said design firm Orcutt Winslow and Cooper Project Advisors were responsible for the multi-million-dollar mistakes that held up completion of the center.

According to the lawsuit filed in Sequoyah County, the department hired Cooper to represent and advise it during the design phase of the project. Orcutt Winslow was hired as a subcontractor under the primary construction contractor, Flintco.

During construction, Flintco reportedly encountered numerous issues with the documents Orcutt Winslow submitted. For example, the lawsuit alleges Orcutt Winslow failed to incorporate the correct fire rating required by building codes.

Orcutt Winslow and Cooper have declined to comment on the lawsuit.

A special appropriation from the state legislature was needed to get construction of the center back on track.

The commission said Bynum’s background has included consulting for mid-sized defense engineering and manufacturing companies, and serving as senior fellow at the Potomac Institute for Policy Studies. He has also held positions at the Office of the Chief of Naval Operations in Washington, D.C., and served as a military legislative assistant/confrere for the staff of the late U.S. Sen. John McCain.

Bynum graduated from the University of Oklahoma’s Navy ROTC program and earned a Bachelor of Arts in management of information systems at OU. The commission said he completed the Capitol Hill Fellow program at Georgetown University, and received executive education from the Harvard Kennedy School, the Kenan-Flagler Business School at the University of North Carolina, and the Naval Post Graduate School. He holds subspecialties in financial management and strategy. 

His operational assignments include tours with Strike Fighter Squadron (VFA) 113, VFA-22 and a tour under the services Personnel Exchange Program where he deployed with the U.S. Air Force’s 94th Fighter Squadron. He commanded VFA-27, as part of the forward deployed U.S. Naval Forces in Japan, and Carrier Air Wing 3 as part of the Harry S. Truman Strike Group where he deployed in support of Operations Iraqi Freedom and Enduring Freedom respectively.

The department currently operates five facilities for veterans in Claremore, Ardmore, Sulphur, Norman and Lawton. A center in Talihina was recently closed in anticipation of opening the Sallisaw facility this fall.

After a meeting last month, the commission announced it was giving consideration to reducing the number of beds at its facilities throughout the state. A spokesman for the department said the current occupancy rate at state homes was less than 77% against a goal of 90%.