Enforcement of Oklahoma immigration law blocked indefinitely

OKLAHOMA CITY — An Oklahoma City federal judge this week placed an indefinite ban on enforcement of a state law criminalizing undocumented immigrants living in Oklahoma.

The decision from U.S. District Judge Bernard Jones extends the two-week hold he implemented for House Bill 4156 on May 20 to last until he makes a final ruling on a lawsuit challenging the statute.

HB 4156, enacted last year, created the state crime of “impermissible occupation,” threatening fines and jail time for immigrants living in Oklahoma without legal residency.

Past rulings from the U.S. Supreme Court and judges across the country have made clear that immigration enforcement is the federal government’s responsibility, not an individual state’s, Jones wrote in his decision issued Tuesday. Federal law preempts state laws on the issue, rendering Oklahoma’s new statute unenforceable, the judge decided.

“In the end, that is why H.B. 4156 must fail — not to excuse unlawful presence or shield criminal conduct, but because it is what the Constitution demands,” Jones wrote.

Oklahoma still has the power to prosecute U.S. citizens and noncitizens alike for crimes that might stem from unlawful immigration, the judge said.

Attorney General Gentner Drummond had contended HB 4156 helps law enforcement stop drug trafficking and other crimes. Drummond called Jones’ previous two-week hold “outrageous,” “perverse” and “contrary to the rule of law.”

“The attorney general is committed to ensuring the state has the agency to protect Oklahomans,” Drummond’s spokesperson, Phil Bacharach, said Thursday. “HB 4156 is a commonsense and necessary law and Oklahoma must be able to enforce it.”

Jones blocked enforcement of the law for nine months last year after former President Joe Biden’s Administration filed a lawsuit. The ban lifted when President Donald Trump withdrew Biden’s case.

Two undocumented residents of Oklahoma and two immigrant-focused organizations based in the state refiled the lawsuit last month, contending HB 4156 is unconstitutional.

Attorneys from the American Civil Liberties Union and the Tulsa law firm Rivas & Associates are representing the plaintiffs.

“Once again, the court has made it clear that the state of Oklahoma may not enforce HB 4156 while our litigation proceeds,” ACLU of Oklahoma legal director Megan Lambert said. “People who are immigrants join the long American tradition of coming here in search of a better life and the freedom and opportunity we offer. Anti-immigrant policies do not represent our state, and we are grateful for the relief this provides while we continue to fight for the rights and safety of Oklahoma’s immigrant communities.”

Oklahoma Voice (oklahomavoice.com) is an affiliate of States Newsroom, the nation’s largest state-focused nonprofit news organization, supported by grants and donations. Oklahoma Voice provides nonpartisan reporting, and retains full editorial independence.