The Department of Justice (DOJ) on Tuesday filed a lawsuit against Oklahoma, challenging a state law that imposes criminal penalties on illegal immigrants.
The DOJ argued that enforcing immigration laws is a federal matter and Oklahoma “cannot disregard the U.S. Constitution and settled Supreme Court precedent.”
“We have brought this action to ensure that Oklahoma adheres to the Constitution and the framework adopted by Congress for regulation of immigration,” Principal Deputy Assistant Attorney General Brian M. Boynton said in a statement.
The law, HB 4156, makes it a state crime to be in the state illegally, gives local law enforcement the ability to arrest illegal immigrants, and requires them to leave the state within 72 hours following conviction or release from custody.
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Oklahoma Gov. Kevin Stitt signed HB 4156 this month, and the law is due to go into force on July 1. Stitt said the bill was necessary because the Biden administration failed to secure the nation’s borders.
“Not only that, but they stand in the way of states trying to protect their citizens,” Stitt said in a statement.
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The DOJ, which threatened to sue Stitt and Oklahoma Attorney General Gentner Drummond this week, said the law violates the U.S. Constitution and asked the court to declare it invalid and bar the state from enforcing it.
Drummond vowed to uphold the law and accused the Biden administration of being “‘committed’ to subverting the immigration laws of this country.”
“Oklahoma is exercising its concurrent and complementary power as a sovereign state to address an ongoing public crisis within its borders through appropriate legislation,” Drummond wrote. “Put more bluntly, Oklahoma is cleaning up the Biden Administration’s mess through entirely legal means in its own backyard – and will resolutely continue to do so by supplementing federal prohibitions with robust state penalties.”
Oklahoma is among several GOP states jockeying to push deeper into immigration enforcement as both Republicans and Democrats seize on the issue. Similar laws that passed in Texas and Iowa are already facing challenges from the DOJ.
