Oklahoma Enacts Strong Immigration Enforcement Law Similar to Texas and Iowa Laws
FAIR Take | May 2024
Oklahoma Governor Kevin Stitt last week signed into law House Bill (HB) 4156, new immigration enforcement legislation which imposes penalties for being in the state illegally. The new law is similar to Texas and Iowa laws aimed at stemming the impacts of illegal immigration in those states.
The Oklahoma law creates a new crime called “impermissible occupation.” Impermissible occupation is defined as an alien who willfully and without permission or legal authorization enters into Oklahoma and remains in the state. A first “impermissible occupation” offense is a misdemeanor punishable by up to one year in jail and/or a $500 fine. Following the conviction or release from custody, the individual is required to leave the state within 72 hours.
A second or subsequent “impermissible occupation” offense, or an offense during the commission of another crime, becomes a felony punishable by up to two years in jail and/or a $1,000 fine. An alien convicted of re-entry will be subject to these same penalties. A felony conviction likewise requires the alien to leave the state within 72 hours.
Senator Greg Treat, who pushed the bill in the Oklahoma Senate, said the bill was needed because the federal government and Congress have not taken appropriate steps to solve the immigration crisis. According to Senator Treat, “the federal government has failed. The U.S. Congress, they have not done anything to impact it. So what can we do? We can say you have to be here legally in Oklahoma.”
When signing the bill, Governor Stitt commented, “I am disappointed this bill is necessary.” He went on, “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.”
As expected, open borders advocates voiced strong opposition to HB 4156. The American Civil Liberties Union of Oklahoma complained that the law will separate families, decrease trust in law enforcement and increase racial profiling. The Oklahoma ACLU also stated that HB 4156 is one of the most anti-immigrant laws to be passed in the United States.
Texas’s law, S.B. 4, is currently on hold while its constitutionality is challenged in the federal court system. The Fifth Circuit Court of Appeals held oral arguments in April on various claims brought by the Biden Administration in its attempt to derail the law, including arguing that the Constitution’s Supremacy Clause preempts states from enforcing federal immigration laws. Both Iowa’s and Oklahoma’s laws go into effect in July of this year, and the Administration will likely file suit against those before they can take effect as well.