Immigration bill clears House, but may face legal challenges

Hundreds of bills passed through the House and Senate during a busy week of floor action, including an immigration enforcement measure likely to face legal challenges if it’s enacted.

House Bill 1362 by David Hardin, R-Stilwell, would authorize local and county law enforcement to inquire about a person’s immigration status when they are arrested for violating a criminal law, including traffic violations. If they can’t provide documentation, they could face deportation or be charged with a felony punishable by at least five years in prison. A $35,000 cash bond would be required to avoid pretrial detention.

The bill passed along party lines in the House on March 13 and is eligible to be considered in the Senate. It would override a measure passed last year creating the misdemeanor offense of impermissible occupation. Federal courts have blocked that law from taking effect as lawsuits progress.

Several Democrats debated against the bill, arguing it would strain local law enforcement resources and lead to racial profiling. Rep. Andy Fugate, D-Del City, argued the bill could violate the Fourteenth Amendment’s Equal Protection Clause.

Hardin, who admitted during questioning he has not consulted law enforcement groups about the legislation, said police departments and sheriff’s offices would not be forced to comply. Asked about racial profiling concerns, he said officers are adequately trained to avoid bias at the CLEET academy.

“This bill doesn’t put any pressure on any law enforcement agency,” Hardin said. “It simply aligns us with Trump administration. This doesn’t dictate that anyone goes out and looks for immigrants.”

Rep. Arturo Alonso-Sandoval, a Democrat who represents a majority Hispanic district in south Oklahoma City, called the bill unnecessary and purely political.

“These are individuals who are working and serving in Oklahoma and doing the best they can to provide for their families – all things we are supposed to value in Oklahoma,” he said in a statement. “Bills like this threaten the very fabric of Oklahoma and put unnecessary strain on law enforcement agencies who have spoken with me on how bills like this actively make their jobs harder.

The push for strict immigration policies has accelerated in Republican-led states since President Donald Trump’s inauguration. An Alabama legislative committee advanced a bill in February to allow state and local law enforcement agencies to enter into immigration enforcement agreements with the federal government. Tennessee lawmakers approved a sweeping measure in late January to create a state immigration enforcement office and make it a felony to support so-called sanctuary city policies.

Another strict anti-immigration bill passed in 2007, House Bill 1804, stoked widespread fear in Hispanic communities. While most of its provisions survived court challenges, KGOU reported in 2016 that the law had little lasting impact.

Oklahoma Watch (OklahomaWatch.org) is a nonprofit, nonpartisan news organization that covers public-policy issues facing the state.