The Biden administration filed a lawsuit against the state of Oklahoma on Tuesday, challenging a new law that allows local authorities to arrest immigrants who are in the country illegally.
Republican Gov. Kevin Stitt signed House Bill 4156 in April, making it a crime to enter Oklahoma without legal permission to be in the United States.
The Justice Department, which has sued Texas and Iowa over similar measures, called the bill unconstitutional.
“Oklahoma cannot ignore Supreme Court precedent that is reconciled with the U.S. Constitution,” Chief Deputy Assistant Attorney General Brian Boynton said in a statement announcing the lawsuit.
“We took this action to ensure that Oklahoma complies with our Constitution and the framework adopted by Congress for regulating immigration,” he added.
of Department of Justice complaint It charged that Oklahoma’s new law “violates the federal government’s exclusive authority to regulate the entry, re-entry, and residence of aliens into the United States” and is therefore “preempted” by federal law.
“HB 4156 infiltrates that program, interferes with U.S. immigration operations, and interferes with U.S. foreign relations,” according to the federal complaint.
The lawsuit, filed in the U.S. District Court for the Western District of Oklahoma, names Stitt, Oklahoma Attorney General Gentner Drummond, and Oklahoma Department of Public Safety Director Tim Tipton as defendants.
A new law against “unacceptable occupation” comes into force on July 1st.
First-time offenders are charged with a misdemeanor, punishable by up to one year in prison and a $500 fine. Immigrants convicted of entering the United States illegally are required to leave the state within 72 hours.
A second offense is a felony, punishable by up to two years in prison and a $1,000 fine.
The Biden administration sued Iowa in May over a law that allows state authorities to arrest immigrants who have previously been denied entry or deported from the United States.
The Biden Justice Department also sued the state of Texas in January over a law that gives state authorities the power to arrest, imprison, prosecute and deport migrants crossing ports of entry.
“I am disappointed that this bill is necessary,” Stitt said when he signed HB 4156 into law in April.
“More than 10 million people have flocked to the southern border since President Biden took office in 2021. Thousands of people from around the world, including thousands of Chinese nationals and terrorist organization affiliates, have entered the United States illegally. It’s crossing the border into Mexico. Oklahomans are concerned about who might be looking for an opportunity to do harm to our country.
“My sole objective is to protect all 4 million Oklahomans, regardless of race, ethnicity or heritage,” he added, noting that the law does not give local police the power to racially profile individuals or question them about their immigration status without probable cause based on a suspected crime.
The state’s attorney general vowed last week to fight back against possible lawsuits from the Biden administration over the new law.
“One thing that has become clear over the past three and a half years is that the Biden administration is ‘dedicated’ solely to overturning this country’s immigration laws,” Drummond wrote in a May 17 letter. told the Ministry of Justice. “Your misguided demands ignore the fact that Oklahoma has not only a sovereign right but also a solemn legal obligation to protect its borders and its people.”
“You’re wrong about our law. If the Biden administration files a lawsuit over this law, I will vigorously defend Oklahoma and its residents,” he added.
