The U.S. Department of Justice has filed a lawsuit against Oklahoma in an attempt to block a law that imposes criminal penalties on those living in the state illegally. The law makes it a state crime to live in Oklahoma without legal immigration status, punishable by up to two years in prison. Similar laws in Texas and Iowa are also facing challenges from the Justice Department. Oklahoma, along with other GOP states, is pushing for stricter immigration enforcement, with bills targeting migrants also passing in Florida, Georgia, and Tennessee. The Justice Department argues that the Oklahoma statute violates the U.S. Constitution and is seeking to have it declared invalid and stop the state from enforcing it.
U.S. Principal Deputy Assistant Attorney General Brian M. Boynton stated that Oklahoma cannot disregard the U.S. Constitution and settled Supreme Court precedent in relation to immigration laws. The Justice Department aims to ensure that Oklahoma adheres to the Constitution and the framework adopted by Congress for immigration regulation. Oklahoma Governor Kevin Stitt defended the law, citing the Biden administration’s failure to secure the nation’s borders and attempting to prevent states from protecting their citizens. In response to the federal action, Oklahoma Attorney General Gentner Drummond argued that the state has the authority to address immigration issues within its borders through appropriate legislation, despite the federal government’s broad authority over immigration.
The Department of Justice had warned Oklahoma officials about the potential lawsuit if the state did not agree to refrain from enforcing the new law. Oklahoma Attorney General Gentner Drummond pushed back against the DOJ’s preemption argument, stating that Oklahoma is exercising its sovereign power to address a public crisis within its borders through legal means. Similar to Texas, which faced legal challenges to a similar law earlier this year, Oklahoma’s law is also facing scrutiny regarding its constitutionality. The law has sparked protests at the state Capitol, where immigrants and their families voiced concerns about potential racial profiling by law enforcement. The Oklahoma Association of Chiefs of Police and the Metro Law Enforcement Agency Leaders have expressed concerns about the law potentially hindering their relationships with local immigrant communities.
The fight over the Oklahoma immigration law reflects a broader national debate on immigration policy, with both Republicans and Democrats seizing on the issue. Immigration laws passed in various states are being challenged in court by the Department of Justice, as they argue that these laws violate the U.S. Constitution. Supporters of the laws argue that they are necessary to protect citizens and address ongoing immigration issues. The outcome of these legal battles will have significant implications for the enforcement of immigration laws at the state level and the relationship between state and federal authorities. The controversy surrounding these laws has sparked protests and raised concerns about potential racial profiling and the impact on law enforcement’s relationships with immigrant communities.
