Biden administration sues Oklahoma over new law allowing arrest of illegal migrants

The Biden administration filed a lawsuit against Oklahoma on Tuesday challenging a new law that allows local authorities to arrest migrants who are in the state illegally.

Republican Gov. Kevin Stitt signed local House Bill 4156 into law in April, which makes it a crime to enter Oklahoma without legal authorization to be in the US.

The Justice Department, which has sued Texas and Iowa over similar measures, argued that the legislation is unconstitutional. 

“Oklahoma cannot disregard the U.S. Constitution and settled Supreme Court precedent,” Principal Deputy Assistant Attorney General Brian Boynton said in a statement announcing the lawsuit. 

“We have brought this action to ensure that Oklahoma adheres to the Constitution and the framework adopted by Congress for regulation of immigration,” he added. 

The DOJ’s complaint charged that Oklahoma’s new law “intrudes on the federal government’s exclusive authority to regulate noncitizens’ entry and reentry into, and presence in, the United States” and is, therefore, “preempted” by federal law. 

“HB 4156 intrudes on that scheme, frustrates the United States’ immigration operations, and interferes with U.S. foreign relations,” according to the federal government’s lawsuit. 

The suit, filed in the US District Court for the Western District of Oklahoma, listed Stitt, state Attorney General Gentner Drummond and state Department of Public Safety Commissioner Tim Tipton among the defendants. 

The new law against “impermissible occupation” goes into effect July 1.

A first offense would result in a misdemeanor charge, punishable by up to one year in jail and a $500 fine. Migrants convicted of illegally entering the US would be required to leave the state within 72 hours.

A second offense would result in a felony charge, punishable by up to two years in prison and a $1,000 fine. 

In May, the Biden administration sued Iowa over a law which allows state authorities to arrest migrants who were previously denied entry or deported from the US. 

The Biden Justice Department also sued Texas in January over a law which authorizes state authorities to arrest, jail, prosecute and deport migrants who enter the country between ports of entry. 

“I am disappointed this bill is necessary,” Stitt said in April, when he signed HB 4156 into law.

“Since President Biden took office in 2021, more than 10 million people have poured over the southern border. Countless individuals from across the globe, including thousands of Chinese nationals as well as people affiliated with terror organizations, have illegally crossed the U.S.-Mexico border. Oklahomans are concerned by who could be lying in wait for an opportunity to bring harm to our country.

“My sole aim is to protect all four million Oklahomans, regardless of race, ethnicity, or heritage,” he added, noting that the law does not give local law enforcement the authority to racially profile individuals or question people about their immigration status without reasonable suspicion of a crime.

The state attorney general vowed last week to fight back against any potential Biden administration litigation over the new law.

“One thing that has been glaring over the last 3.5 years is that the Biden Administration is only ‘committed’ to subverting the immigration laws of this country,” Drummond told DOJ in a May 17 letter. “Your misguided demands ignore that Oklahoma has not only the sovereign right, but also the solemn legal obligation, to protect its own borders and its own citizens.

“You are wrong about our law – and if the Biden Administration sues over it, I will vigorously defend Oklahoma and its people,” he added.