Oklahoma's new immigration law faces two potential lawsuits

In a war of words and threats of litigation, Oklahoma's new anti-immigration law faces two potential lawsuits.

The U.S. Department of Justice addressed a May 15 letter to Gov. Kevin Stitt and Attorney General Gentner Drummond saying the federal government intends to file a lawsuit to stop the enforcement unless Oklahoma agrees in advance not to take such action.

The department’s letter says Oklahoma's state law is preempted by federal law and violates the U.S. Constitution. It also points out Oklahoma’s new law is like Senate Bill 4 in Texas. That state has been unable to enforce its law because of a federal appeals court.

Since Oklahoma's law creates a new crime of “impermissible occupation,” which includes criminal penalties by the state, the law violates the federal prohibitions on unlawful entry and reentry, the Justice Department letter said.

The state had five days to confirm it will not enforce the law. State leaders responded with sharp rebuttals. Drummond wrote that the Biden administration has “only committed to subverting the immigration laws of this country.”

“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,” he wrote.

He was adamant the law’s purpose was a “powerful tool to combat those foreign nationals … who become involved in serious criminal activity such as illegal marijuana-grow operations, fentanyl distribution, sex trafficking, and labor trafficking.”

The law is not meant to racially profile, Drummond said in the response, noting that the practice is illegal in Oklahoma, “To detain someone who looks, sounds or acts ‘foreign’ is itself un-American and will never be tolerated by this office.”

Drummond requested the legislation to address illegal marijuana-grow operations.

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House Speaker Charles McCall said he found the letter’s claims “laughable” and pointed out, “The Biden Administration’s continued failures to address the illegal immigration crisis in our country are what necessitated the passage of House Bill 4156 in the first place.”

The Speaker added the bill was a “carefully crafted, well-thought-out piece of legislation designed to acknowledge the role of the federal government in immigration matters, while at the same time protect the sovereignty and security of our state’s troopers.”

Latino Caucus also plans to file lawsuit over Oklahoma immigration law

The state is facing another potential lawsuit initiated locally. Members of the Latino Caucus told The Oklahoman they also plan to work with national experts on filing a lawsuit against the law, citing similar points made in the Justice Department letter. Around 1,000 people rallied at the state Capitol in protest of the bill on May 15.

Sen. Michael Brooks and Rep. Arturo Alonso-Sandoval, both Democrats with districts in Oklahoma City, said a lawsuit should be filed before the law takes effect on July 1.

Alonso-Sandoval argued the Oklahoma law is unconstitutional because it supersedes the federal government. He also pointed to the law’s vague language, questioning how it would be enforced.

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“I don’t walk my dog around my neighborhood with my passport, birth certificate and driver’s license,” he said.

“They’re wanting to use immigration as something that can pretty much move them forward within their political aspirations but they’re directly impacting a community that’s contributing in so many different ways to the state of Oklahoma,” he added.

Brooks said the law affects more people than just the Latino community.

“It’s part of the pride of the United States that we’re a diverse country with people from all over the world and that fabric of the United States is made up of immigrants,” he told The Oklahoman.

Law enforcement response

Despite Drummond’s reassurances the law won’t result in racial profiling, some law enforcement officials have said they aren't sure how enforcement could be managed in a reasonable way.

Oklahoma City Police Chief Wade Gourley said his department does not check immigration status and to do so for every person would be a huge burden. He said the department has spent years building relationships by attending community meetings, events, festivals and visiting schools, and the law could negatively impact those connections, setting them back at square one.

A joint statement by the Oklahoma Association of Chiefs of Police and Metro Law Enforcement Agency Leaders released on Tuesday via Facebook said the law conflicts with many existing directives over law enforcement practices.

The release noted law enforcement leaders from state organizations and municipalities were not substantively involved during the process of drafting and signing the law. It said the law places crime victims at risk by increasing their fear of reporting to law enforcement and brings legal challenges in fair and impartial policing and anti-racial profiling.

The new Oklahoma law makes "impermissible occupation" as a first offense a misdemeanor punishable by a year in county jail and/or a maximum $500 fine. Subsequent arrests would be felonies punishable by up to two years in prison and/or a maximum $1,000 fine. In both cases, offenders would be required to leave the state within 72 hours of their conviction or release from custody, whichever comes later.

Stitt signed the bill on April 30 after it was passed by the House and Senate by wide margins with little discussion. Upon signing, he also created the Oklahoma State Work Permits and Visas Task Force to figure out how to match up the state's workforce with employers who need more workers. The task force hasn’t met yet and it’s unclear if the meetings will be open to the public, a spokesperson from the governor’s office said.