Republican-led states are actively expanding local police enforcement powers and imposing criminal penalties on undocumented immigrants as the issue of migrants crossing the U.S. border remains a central topic in the lead-up to the 2024 presidential election.
Oklahoma’s Legislature recently fast-tracked a bill creating the crime of “impermissible occupation,” which carries prison sentences of up to two years for unauthorized presence in the state. Oklahoma joins several GOP-led states that are pushing for broader immigration enforcement, as both Republicans and Democrats seek to capitalize on the issue.
Texas, under Governor Greg Abbott, passed a law last year authorizing the state to arrest and deport undocumented individuals. This law is currently being contested in court by the U.S. Department of Justice. Opponents view the law as the most aggressive state-level immigration enforcement measure since Arizona’s controversial law over a decade ago, which was partially struck down by the Supreme Court.
Oklahoma’s law mirrors the Texas legislation, criminalizing unauthorized presence in the state. First-time offenders face misdemeanor charges and potential jail time of up to a year, with subsequent offenses becoming felonies punishable by up to two years in prison.
State officials express frustration with the federal government’s inaction on immigration, arguing that states must take matters into their own hands. However, outside the state Capitol, over 100 people gathered to protest the bill, fearing its detrimental impact on Oklahoma’s Latino population.
Other states are also taking steps to increase immigration enforcement. Tennessee has enacted a law requiring law enforcement agencies to cooperate with federal immigration authorities in identifying, detaining, and deporting undocumented individuals. Iowa and Louisiana are considering similar measures, while Idaho lawmakers recently adjourned without passing a proposed bill.
In Georgia, a new law requires jailers to check immigration status, a response to the killing of a nursing student allegedly by an undocumented Venezuelan man. Florida has also increased prison and jail sentences for undocumented immigrants convicted of felonies or driving without a license.
Legal challenges to these state laws are anticipated, as immigration falls under federal jurisdiction according to the U.S. Constitution. Immigration attorney and president-elect of the American Immigration Lawyers Association, Kelli Stump, believes these cases will ultimately reach the Supreme Court.
