House Bill 4156 was signed into law on April 30. Under the new law, a foreign national who intentionally enters and stays in Oklahoma without being legally authorized to enter the U.S. could face misdemeanor charges carrying potential sentences of up to a year in jail and/or a $500 fine. Upon conviction, the person would have 72 hours to leave the state following their conviction or release from custody, whichever is later. Subsequent violations would be considered felonies, punishable by up to two years in jail and up to a $1,000 fine. Any illegal alien who has been denied admission into the U.S., or has has been deported or removed and is found in Oklahoma could also be charged with a felony and subject to the above penalties. The bill does not apply to anyone included under the federal Deferred Action for Childhood Arrivals (DACA) program between June 15, 2012 and July 16, 2021. DOJ officials state in their legal challenge that the law violates the U.S. Constitution’s Supremacy Clause and Foreign Commerce Clause. The DOJ argues that the legislation encroaches on the federal government’s charge to regulate immigration. “Oklahoma cannot disregard the U.S. Constitution and settled Supreme Court precedent,” Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division, said in a statement. “We have brought this action to ensure that Oklahoma adheres to the Constitution and the framework adopted by Congress for regulation of immigration.” The DOJ says in its 17-page legal filing that Oklahoma’s state law is preempted by federal law, and thus violates the constitution. Oklahoma’s new law is similar to a law passed by Texas (SB 4), which allows law enforcement to detain migrants who illegally cross into Texas from Mexico. Under the Texas law, illegally crossing the border is a Class B misdemeanor, carrying a punishment of up to six months in jail. Repeat offenders could be charged with a felony and punishment of between two to 20 years in prison. In February, a federal court ruled the law unconstitutional. Soon after, the Fifth Circuit Court of Appeals halted the decision, as the case winded its way to the U.S. Supreme Court. On March 19, the Supreme Court allowed the law to go into effect, stopping short of ruling on its constitutionality, and sent the case back to the appeals court, which issued an order allowing the lower court’s injunction stopping the bill to remain in place.The Department of Justice (DOJ) has filed suit against the State of Oklahoma, challenging a recently signed immigration bill that made illegal migration a state-level crime.
