Two days after the Biden Administration threatened to sue Oklahoma over its new immigration reform law, Attorney General Gentner Drummond issued a robust response, pledging to defend the legislation. The U.S. Department of Justice (DOJ) had warned in a May 15 letter that it would challenge House Bill 4156 unless Oklahoma agreed not to enforce it, arguing that the law is unconstitutional and preempted by federal statute.
The DOJ's letter stated, “This letter constitutes notice … that the U.S. Department of Justice intends to bring a lawsuit to enforce the supremacy of federal law and to enjoin the enforcement of HB 4156. If you have not confirmed by May 20, 2024, that Oklahoma will forbear such enforcement, the United States will pursue all appropriate legal remedies to ensure that Oklahoma does not interfere with the function of the federal government.”
Drummond rejected this contention in his response, challenging the DOJ’s assertion that the White House is committed to enforcing federal immigration law. He wrote in his May 17 letter, “One thing that has been glaring over the last 3.5 years is that the Biden Administration is 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 further argued that Oklahoma had no choice but to enact this law due to what he perceives as a failure on part of the federal government to address illegal immigration. Drummond maintained that House Bill 4156 represents a meaningful and legally permissible step towards addressing these issues.
Furthermore, Drummond disputed DOJ’s preemption argument as "dubious at best," asserting that while federal government has broad authority over immigration, it does not hold exclusive power on this matter.
Finally, Drummond stressed racial profiling is not part of enforcing HB 4156 and emphasized that any form of racial profiling is unacceptable and illegal in Oklahoma.