Justice Department Sues Oklahoma Over Law That Would Imprison Undocumented Immigrants
In April, Oklahoma Republican Gov. Kevin Stitt signed House Bill 4156, an immigration crackdown law that criminalizes “impermissible occupation” in the state. Any immigrant who “enters and remains” in Oklahoma “without having first obtained legal authorization to enter the United States” could face jail time and be forced to leave the state.
The U.S. Department of Justice (DOJ) filed a lawsuit against Oklahoma yesterday, arguing that H.B. 4156 “is preempted by federal law” and “violates the U.S. Constitution.” The lawsuit is the latest entry in the ongoing battle between the federal government and the growing list of states passing their own immigration laws.
Under H.B. 4156, a noncitizen convicted of being in Oklahoma without legal authorization to be in the U.S. will be guilty of a misdemeanor that carries a punishment of up to a year in county jail. A subsequent offense is a felony and carries a punishment of up to two years in Department of Corrections custody. The unlawfully present person must also leave the state within 72 hours of conviction or release from custody, whichever comes later.
“We have brought this action to ensure that Oklahoma adheres to the Constitution and the framework adopted by Congress for regulation of immigration,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the DOJ’s Civil Division. Oklahoma Attorney General Gentner Drummond has vowed to defend H.B. 4156, arguing in a May 17 letter that Oklahoma has “not only the sovereign right, but also the solemn legal obligation, to protect its own borders and its own citizens.”
Several other states are facing similar legal action over their immigration laws, which have prompted a debate over whether the federal government has the sole authority to regulate immigration. Challenges to those laws are ongoing; one of the most controversial state-level policies, a Texas law that allows officers to arrest and deport undocumented immigrants, is currently on hold following “a dizzying volle
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