The Biden administration has issued a warning to Oklahoma Governor Kevin Stitt and Attorney General Gentner Drummond regarding House Bill 4156 (HB 4156), which was signed into law this month. The legislation criminalizes illegal presence within the state and empowers local law enforcement to apprehend undocumented immigrants, mandating their departure within 72 hours of being convicted or released from custody. The law is slated to take effect on July 1st.
HB 4156 bears similarities to laws enacted in Iowa and Texas, both of which have been met with lawsuits from the DOJ. The administration’s stance is that these laws infringe upon federal authority over immigration matters. The Texas law is currently suspended pending the ongoing legal battle.
In a letter addressed to Oklahoma officials, Principal Deputy Assistant AG Brian Boynton asserts that HB 4156 is superseded by federal law and violates the U.S. Constitution. He cites the comprehensive framework established by Congress governing the entry and reentry of non-citizens into the United States, including penalties for unlawful entry and reentry.
Boynton argues that HB 4156 attempts to establish a parallel state-level immigration system by imposing criminal penalties for federal offenses. He maintains that such actions encroach upon an area exclusively reserved for the federal government and are therefore preempted.
In response to the DOJ’s threat, Oklahoma Attorney General Drummond has pledged to mount a vigorous defense of HB 4156 if a lawsuit is filed. He places the blame for the crisis at the southern border on the Biden administration, accusing them of willful neglect regarding immigration enforcement over the past 3.5 years.
Drummond asserts that Oklahoma has both the sovereign right and the legal obligation to protect its borders and citizens. He views HB 4156 as a reasonable and necessary step to address a situation that the Biden administration has failed to handle effectively.
Meanwhile, other states are considering adopting similar legislation. In Arizona, a ballot measure is being pursued to implement a law akin to HB 4156, while Louisiana lawmakers are advancing legislation that mirrors the bills passed in Texas, Iowa, and Oklahoma. The Louisiana Attorney General has also expressed a commitment to defending the state against any potential legal challenges.
The brewing legal battles over these state-level immigration laws highlight the ongoing clash between the federal government and states seeking to take matters into their own hands amid concerns about illegal immigration and border security.
