The Justice Department filed a lawsuit against Oklahoma over a new immigration law that would fine and jail migrants without legal documentation. The lawsuit argues that the law violates the Constitution by giving the federal government jurisdiction over immigration and border control. The bill is part of a trend among Republican-led states to take immigration matters into their own hands, with the Biden administration accused of failing to control the southern border. Similar laws in Texas and Iowa are also facing legal challenges, delaying their implementation. Oklahoma House Bill 4156 is set to take effect on July 1 and allows for the arrest and jailing of noncitizens who enter the state without permission to be in the U.S.
The Oklahoma bill aims to protect the health, safety, welfare, and constitutional rights of the state’s citizens by targeting immigrants in the U.S. illegally, whom it claims could pose harm to residents. The legislation establishes penalties for noncitizens violating the law, with a first conviction resulting in a misdemeanor punishable by up to a year in county jail and a $500 fine. A second conviction would be a felony carrying a sentence of up to two years in county jail and a $1,000 fine, with the requirement for individuals to leave Oklahoma within three days of release from jail. The Justice Department asserts that Oklahoma must adhere to the Constitution and the framework established by Congress for the regulation of immigration.
Republican Governor Kevin Stitt, who signed the bill into law, has expressed frustration with the Biden administration’s perceived failure to secure the borders, leading states like Oklahoma to take action to protect their citizens. State Attorney General Gentner Drummond, also a Republican named in the lawsuit, has defended the law as a necessary tool to combat illegal immigration and serious criminal activity. Critics, including the American Civil Liberties Union in Oklahoma, have condemned the legislation as extreme and likely to result in racial profiling and the criminalization of communities of color.
The legal battle over Oklahoma’s immigration law is part of a broader political and ideological conflict between states and the federal government over immigration policy and enforcement. While states argue that they are taking necessary steps to protect their residents, the Justice Department asserts that the Constitution grants the federal government the ultimate authority over immigration and border control. The lawsuits against Oklahoma, Texas, and Iowa highlight the ongoing struggle to define the balance of power between federal and state governments on immigration issues. The outcome of these legal challenges will have significant implications for future immigration policies and enforcement efforts.
