The U.S. Department of Justice (DOJ) has followed through on it’s threat to sue the State of Oklahoma over it’s new immigration law. The law, known as House Bill 4156, seeks to fine and incarcerate any non-U.S. citizen who willfully and without permission enters the state. Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division, stated that Oklahoma cannot disregard the U.S. Constitution and settled Supreme Court precedent. The lawsuit challenges the law’s constitutionality and seeks to prevent its enforcement. Oklahoma Attorney General Gentner Drummond has responded, defending the state’s sovereignty and readiness to address the legal battle. The law in question makes it a state crime, punishable by up to two years in prison, to live in Oklahoma without legal immigration status.
House Bill 4156 was introduced in Oklahoma to address concerns related to illegal immigration. The bill establishes criminal charges against undocumented immigrants caught in the state. Here are the key points:
The bill creates a new crime called “impermissible occupation,” aimed at addressing increased illegal immigration into Oklahoma. Under this provision A first-time offense results in a misdemeanor charge, a $500 fine, and a requirement to leave the state within 72 hours. A second offense doubles the fine, and offenders could face up to two years in prison.The bill has faced opposition from law enforcement organizations and Latino organizers who argue that it could harm community trust in law enforcement and create unintended consequences. Protests have taken place at the Oklahoma State Capitol in response to the bill. Legal challenges are expected, as critics question the constitutionality and impact of the law.
In summary, House Bill 4156 aims to address illegal immigration in Oklahoma but has sparked debate and legal scrutiny. Its provisions have significant implications for both law enforcement and immigrant communities.
The U.S. Department of Justice (DOJ) is suing the State of Oklahoma primarily due to concerns about the constitutionality of House Bill 4156, which targets undocumented immigrants. However, there are additional reasons beyond the law itself. The DOJ asserts that the law violates the Supremacy Clause of the U.S. Constitution, which establishes federal law as supreme over state law. By imposing criminal penalties on immigrants for their status, the bill may conflict with federal immigration policies and enforcement. The DOJ cites settled Supreme Court precedent that supports federal authority in immigration matters. They argue that Oklahoma cannot unilaterally enforce immigration laws that diverge from federal standards.The lawsuit aims to prevent potential harm to immigrant communities and maintain trust between law enforcement and residents. Critics argue that such laws can deter cooperation with police and create fear among undocumented immigrants.
Federal officials argue that the U.S. Supreme Court’s 2012 decision in Arizona v. The United States established the federal government’s “broad, undoubted power” over the subject of immigration.
Despite this, Oklahoma officials maintain that the state is addressing immigration issues within its borders as a sovereign state. They argue that the federal authority over immigration is broad, but not exclusive
If the Department of Justice (DOJ) wins the lawsuit against Oklahoma over the state’s immigration law, several outcomes could occur:
The DOJ is asking the court to declare the Oklahoma statute invalid. If the DOJ wins, the law could be struck down, meaning it would no longer be enforceable. A win for the DOJ could set a precedent for future lawsuits against states that pass similar immigration laws.The lawsuit challenges the authority of states to enact and enforce immigration laws. A win for the DOJ could reinforce the federal government’s authority over immigration, potentially limiting the power of states in this area.: If the law is invalidated, the enforcement of immigration laws in Oklahoma could change, potentially affecting individuals living in the state without legal immigration status.
The DOJ said in a press release:
Oklahoma cannot disregard the U.S. Constitution and settled Supreme Court precedent,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We have brought this action to ensure that Oklahoma adheres to the Constitution and the framework adopted by Congress for regulation of immigration.”