Bill would repeal controversial immigration law, create new felony for undocumented Oklahomans

OKLAHOMA CITY — As immigration remains a priority of Republicans statewide and nationally, a bill headed to the floor of the Oklahoma House would create a new felony for being in the country illegally.

House Bill 1362, authored by Rep. David Hardin, R-Stilwell, would allow an undocumented immigrant to be arrested and charged with a felony punishable by five years in prison, or in lieu of imprisonment, they could agree to be returned to their country of origin if they have no other felony charges or previous convictions for a violent offense. The measure passed through the House Judiciary and Public Safety Oversight Committee Thursday with an 8-3 vote along party lines.

“If law enforcement runs across an individual and they determine that that person is here illegally, they have the right to take that person into custody,” Hardin said. “They’re charged with an immigration violation of coming to the U.S. illegally. They’re turned over to (the Department of Corrections) who will then contact, basically, ICE and they’ll be deported back to their home country. Now that is if they don’t have a current felony in the state and they’ve been charged. They do go in front of a judge and prove they’re willing to go back to their country.”

The legislation would also repeal a highly controversial immigration bill signed by Gov. Kevin Stitt in 2024 that created a misdemeanor crime of “impermissible occupation.” The law, which has been placed on hold by the courts, allows the state to charge undocumented immigrants who willfully enter the state with a crime punishable by one year in a county jail, a fine up to $500 or both. It requires the person to leave the state within 72 hours. A second offense is a felony punishable by up to two years in prison, a fine of $1,000 or both.

Hardin’s bill allows an arrested person to bond out of jail for a minimum of $35,000 and gives the Department of Corrections seven days to arrange transportation with the U.S. Immigration and Customs Enforcement for deportation.

Democratic lawmakers questioned the bill in committee, including Rep. Suzanne Schreiber of Tulsa, who asked about the detention process and the notification of family members.

“First of all, if you’re going to be pulled over, law enforcement has to have a valid reason to pull you over. We’re not going with profiling here,” Hardin said. “If they have a valid reason to pull you over, and during that investigation on the traffic stop, if they determine you’re an illegal in the U.S., and especially the state of Oklahoma, then you will be arrested. You will be allowed a phone call. As far as your family, your children, your husband, that would be something that ICE would have to take up at a different time. But you would be allowed a phone call.”

Prior to the start of session, another lawmaker, Rep. Justin Humphrey, RLane, said he submitted language for legislation to create a new, additional charge for undocumented immigrants who commit a crime in the state that would carry a sentence of life behind bars or the option of deportation. The bill was ultimately not filed by Humphrey, but the bill authored by Hardin carries a similar idea.

House Minority Leader Cyndi Munson, D-Oklahoma City, said similar legislation last session led to law enforcement saying they didn’t have the resources or manpower to “keep an eye” on immigration.

But this could change this year as the governor has charged state law enforcement with getting involved in immigration issues, she said.

Stitt announced Operation Guardian in November to deport undocumented immigrants held in Oklahoma’s correctional facilities and recently said the deportation of these 525 incarcerated people will be weighed against the severity of the crime committed and the amount of the sentence served.

The Republican governor Friday unveiled an agreement with the U.S. Department of Homeland Security that grants three state law enforcement agencies the authority to enforce federal immigration laws. This agreement gives specially trained officers from each agency the power to interrogate people over immigration status, serve and execute arrest warrants for immigration violations, Munson said there is a lot of “fear and frustration” surrounding the way Stitt is discussing immigration in Oklahoma.

“So a lot of times with this legislation, we’ll see how far it goes, but with these types of legislation the impact is the fear,” she said. “And even if the law doesn’t change, people’s behavior may change in that they just carry fear, and they can’t be the best version of themselves. And we don’t want that, you know, and it is not determined on whether that person is documented or not. It impacts all of us.”

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