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Thursday, September 12, 2024

Justice Department sues Oklahoma over state immigration law HB 4156

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Attorney General Merrick B. Garland | https://www.justice.gov/agencies/chart/ma

The Justice Department has filed a lawsuit against the State of Oklahoma, challenging House Bill 4156 (HB 4156) under the U.S. Constitution’s Supremacy Clause and Foreign Commerce Clause. The federal government holds the authority to regulate immigration and manage international borders, as established by Congress through a comprehensive immigration framework governing noncitizens' entry, reentry, and presence.

The Justice Department seeks a declaration that HB 4156 is invalid and an order preventing Oklahoma from enforcing the law. "Oklahoma cannot disregard the U.S. Constitution and settled Supreme Court precedent," stated Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. "We have brought this action to ensure that Oklahoma adheres to the Constitution and the framework adopted by Congress for regulation of immigration."

According to the complaint, Oklahoma's law would create new state crimes regulating noncitizens' entry, reentry into, and presence in the United States, with charges ranging from misdemeanors to felonies. HB 4156 mandates that noncitizens convicted under its provisions leave the state, effectively granting Oklahoma independent authority to exile noncitizens and permitting a patchwork of state immigration schemes.

In Arizona v. United States (2012), the Supreme Court recognized that admitting noncitizens and determining their status in the United States is a core responsibility of the federal government. HB 4156 impedes this comprehensive federal immigration scheme and interferes with foreign relations.

The lawsuit was filed on behalf of multiple entities within the United States government, including the Justice Department, Department of Homeland Security, and Department of State.

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