Biden administration under fire for suing Oklahoma over bill allowing police to detain illegal immigrants

OKLAHOMA CITY, OKLAHOMA: Biden administration has taken legal action against the state of Oklahoma, filing a lawsuit on Tuesday to challenge a new law that empowers local authorities to detain migrants who are in the state illegally.

In April, Republican Governor Kevin Stitt signed House Bill 4156 into law, making it a criminal offense to enter Oklahoma without legal authorization to be within the United States, according to the New York Times.

The Justice Department, which has previously sued Texas and Iowa over almost identical measures, contends that the legislation is unconstitutional.

What did DOJ officials say about contentious Oklahoma law?

Principal Deputy Assistant Attorney General Brian Boynton said in a statement while briefing the lawsuit against Oklahoma, “Oklahoma cannot disregard the US Constitution and settled Supreme Court precedent.”

“We have brought this action to ensure that Oklahoma adheres to the Constitution and the framework adopted by Congress for regulation of immigration,” he stated.

According to the DOJ's complaint, Oklahoma's new law is "preempted" by federal law because it "intrudes on the federal government's exclusive authority to regulate noncitizens' entry and reentry into, and presence in, the United States."

“HB 4156 intrudes on that scheme, frustrates the United States’ immigration operations, and interferes with US foreign relations,” per the federal government’s lawsuit. 

Governor Kevin Stitt, state Attorney General Gentner Drummond, and Commissioner of the state Department of Public Safety Tim Tipton were named as defendants in the lawsuit filed in the US District Court for the Western District of Oklahoma.

On July 1, the new law prohibiting "impermissible occupation" will take effect.

A first violation would be charged as a misdemeanor, which carries a maximum sentence of one year in jail and a fine of $500.

If found guilty of entering the US illegally, migrants would have to leave the state within 72 hours.

The second violation carries a felony charge, which entails a maximum sentence of two years in jail and a fine of $1,000.

In May, the Biden administration sued Iowa over a law that permits state authorities to arrest migrants who were previously denied entry or deported from the US.

Furthermore, in January, the Biden Justice Department also sued Texas over a law that allows state authorities to arrest, jail, prosecute, and deport migrants who enter the country between ports of entry.

“I am disappointed this bill is necessary,” Governor Stitt remarked in April when he signed HB 4156 into law.

He continued, “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.”

“My sole aim is to protect all four million Oklahomans, regardless of race, ethnicity, or heritage,” the Republican Governor clarified, noting that the law does not give local law enforcement the authority to racially profile individuals or question people about their immigration status without realistic suspicion of a crime.

A week ago, the state attorney general swore to retaliate against any future legal action brought by the Biden administration regarding the new statute.

“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,” AG Drummond told the DOJ in a May 17 letter. “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.”

“You are wrong about our law – and if the Biden Administration sues over it, I will vigorously defend Oklahoma and its people,” Drummond asserted.

Biden administration slammed for suing Oklahoma over contentious House Bill 4156

One X user remarked, "I’m pretty sure the Biden administration is being Unconstitutional here, esp since it’s the POTUS’s jobs to stop the illegal immigrants?"

Another user said, "Round them up. Deport them all."

Another user wrote, "Just goes to show he doesn’t respect borders or law enforcement."

One user claimed, "They need as many illegal votes as they can get."

Another X user remarked, "All part of their plan."

Another user asserted, "3rd state Biden attempting to sue Buddy the state has every right to keep citizens protected I don’t understand the lawsuit."

Finally, this user tweeted, "Biden’s gotta GO."

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