OKLAHOMA CITY (KFOR) — The U.S. Department of Justice is threatening to sue the State of Oklahoma over a new law that seeks to fine and incarcerate any non-U.S. citizen who willfully and without permission enters the state.

Governor Kevin Stitt signed a bill into law allowing local law enforcement to arrest individuals believed to be committing an “impermissible occupation” in the state of Oklahoma.

A first time conviction would lead to a misdemeanor charge of up to one year in county jail and a $500 fine. Those convicted a second time would face a felony charge of up to two years in county jail and a $1,000 fine.

Both convictions would require the undocumented migrant to leave the state within 72 hours of being released from custody.

We as a legislature like to pass unconstitutional bills that we know are blatantly unconstitutional. I don’t see it as being feasible.

Representative Annie Menz (D-Norman)

“It’s unenforceable and un-implementable,” stated Senator Michael Brooks-Jimenez (D-OKC). “It sends a message that unfortunately, my community’s contributions to the state of Oklahoma are largely taken for granted and that we’re invisible. I find that unfortunate, considering we make major, major contributions to the state of Oklahoma.”

The measure was expedited through the legislative process after Attorney General Gentner Drummond requested the Texas-style law.

Texas Senate Bill 4 looks to prohibit “sanctuary city” policies, which prohibit local law enforcement from inquiring about a person’s immigration status and complying with detainer requests. These policies often also prohibit the sharing of information regarding a person’s immigration status with the federal government.

However, the bill – signed into law in December 2023 – has been stalled in federal court.

The U.S. Department of Justice (DOJ) is now threatening to drag Oklahoma into a similar legal battle if the law is enforced come July 1. The DOJ sent a letter to both Governor Kevin Stitt and Attorney General Gentner Drummond May 15.

“This is Christmas in May for some of my colleagues. This is exactly where we saw this going,” said Rep. Menz. “This is clearly an unconstitutional thing. You see that it’s going through what it’s going through in Texas. Our attorney general is one of the shrewdest legal minds of our time. He knows what unconstitutional looks like and what it doesn’t. This wasn’t an error in judgment. This wasn’t an error in not having the proper faculties and information at their fingertips. This was a very intentional political strategy.”

The United States intends to file suit to enjoin the enforcement of HB 4156 unless Oklahoma agrees to refrain from enforcing the law. The United States is committed to the processing of noncitizens consistent with the Immigration and Nationality Act (INA). HB 4156 is contrary to that goal.

U.S. Principal Deputy Assistant Attorney General, Brian Boynton

In the letter, Boynton states Oklahoma has until May 20 to confirm it has agreed to not enforce the law, but AG Drummond told News 4 he doesn’t intend on backing down.

“Oklahoma has a sovereign right to defend its people, and we have a legal obligation to defend our people, to protect our citizens. What has happened is the Biden administration has abdicated control of the border,” stated AG Drummond. “This is not a law about targeting brown people. This is not about racial profiling. This is about law and order. This is not politics. Politics is for the House and the Senate. The law and order is for the attorney general and the attorney general rang the bell and said, ‘I need some help.'”

Representative Arturo Alonso-Sandoval (D-OKC) told KFOR the new law has not only caused confusion amongst families, but has caused concern to flee Oklahoma altogether.

“It seeks to kick immigrants out of the state of Oklahoma and makes Oklahoma the least attractive state for migrants, which, I mean, our nation is founded by immigrants. And now, immigrants has become this kind of bad word. The message that a bill like this sends to some of my community and so many different communities in the state is that they don’t belong, that they don’t deserve to be in a place like Oklahoma,” stated Rep. Alonso-Sandoval. “It fails to acknowledge the contributions, the fact that these are people that are students, teachers, parents, and business owners.”

In the DOJ’s letter, it mentions Texas SB4 and says Oklahoma’s version is “similar.” AG Drummond refutes that accusation by saying he thoroughly helped craft the legislation to ensure Oklahoma’s proposal would not reflect the problems in Texas’ measure.

“We did not adopt the Texas law. We are not the federal government. We do not have the right to deport people from the United States. We do have the right to arrest people that are engaged in illegal activity. If you are a legal or illegal immigrant in the state of Oklahoma, mind your P’s and Q’s, check in with the IRS, work through your immigration status as you should. We have distinguishing characteristics in our law that put us inside the bucket of constitutional action. We will act constitutionally and we will win,” said AG Drummond.

Sen. Brooks-Jimenez told News 4 this legal battle feels like a political stunt, especially since this year is an election year.

“It was thrown together and it was run quickly through the process. These are the consequences when we don’t do all of our homework before we pass the bill,” said Sen. Brooks-Jimenez. “For better or for worse, sitting on the Appropriations Committee, I know there was an additional amount that was allocated supposedly for the AG to be able to fight federal oversight or federal overreach. But in this case, unfortunately, I believe it’s the state that has overreached.”

It’s unfortunate to see that they’re playing these political games, to let up certain political points while diminishing and vilifying a community that’s just doing as much as they can to contribute. If we’re going to talk about immigration at the state level. Let’s actually talk about solutions. Let’s make it a comprehensive approach, not what we have right now. Oklahomans deserve better than that. I think we deserve leaders that are willing to make sure that they put Oklahomans first. And that’s not what they’re doing with a bill like this.

Representative Arturo Alonso-Sandoval (D-OKC)

Rep. Alonso-Sandoval told KFOR there are a variety of other “hot topics” the state could be investing in like education, civic engagement, and children and women.

Rep. Menz said the 4.5% state grocery sales tax being eliminated this year paired with the ongoing conversation of a personal income tax cut makes it hard for her to believe Oklahoma has the finances to take on a potential multi-million dollar lawsuit.

“I just don’t see how it’s feasible for us to keep boasting about all of this money that we have in savings while also spending it on expensive tax cuts, expensive legal battles and bills like this one,” added Rep. Menz. “The right for us to vote and have an opinion was paid for and continues to be paid for and it should be treated with respect. That means not letting anyone manipulate you out of your vote. It means having conversations and holding people accountable. It’s not always easy, but it’s always worthwhile.”

Governor Stitt’s Office told KFOR, “The Biden administration refuses to do its job to secure our borders. Not only that, but they stand in the way of states trying to protect their citizens. Had the Biden administration set aside politics and done their job, HB4156 wouldn’t have been necessary. As governor, I will continue to do what is necessary to protect all four million Oklahomans.”

In a press release, Speaker McCall echoed the same as Gov. Stitt. Speaker McCall co-authored HB4156 alongside Senate President Pro Tempore Greg Treat (D-OKC).

“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.

I find it laughable that in the Administration’s letter to Gov. Stitt and Attorney General Drummond, they claim Oklahoma is interfering with the function of the federal government on immigration issues. There has been nothing but disfunction at the federal level since President Biden took office. 

House Bill 4156 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 borders. I fully support the defense of this law by our state’s attorney general, and look forward to seeing it upheld in court.”

Speaker of the House Charles McCall (R-Atoka)