OKLAHOMA CITY (Legal Newsline) - The United States government is suing Oklahoma for implementing an immigration policy similar to Texas' and Iowa's.
The United States has filed a lawsuit against the State of Oklahoma and several state officials, including Governor Kevin Stitt and Attorney General Gentner Drummond, challenging the recently enacted House Bill 4156 (HB 4156).
The bill - which is set to take effect on July 1, 2024 - creates new state crimes and penalties for noncitizens who have unlawfully entered or reentered the United States.
The federal government argues that HB 4156 infringes upon its exclusive authority to regulate immigration and violates both the Supremacy Clause and the Foreign Commerce Clause of the U.S. Constitution.
HB 4156 includes provisions that criminalize noncitizens' presence in Oklahoma without legal authorization to enter the United States and imposes penalties on those who reenter Oklahoma after being deported or removed from the country.
The U.S. government contends that these provisions interfere with federal immigration operations, law enforcement, and foreign relations. It asserts that only the federal government has the authority to regulate noncitizen entry and presence in the U.S., as well as to conduct foreign relations.
Laws like this one and others in Texas and Iowa create a "state-specific immigration system that effectively seeks to regulate noncitizens' entry, reentry and presence in the United States," the suit says.
The lawsuit seeks a declaration that HB 4156 is invalid under federal law, an injunction preventing its enforcement, and coverage of legal costs incurred by the United States.