Federal judge temporarily blocks Oklahoma immigration law
Hundreds of people, most of them Latino, attend a Hispanic Cultural Day rally outside the Oklahoma State Capitol on May 15, 2024, to protest the newly enacted House Bill 4156, which creates the criminal offense of impermissible occupation. (Photo by Nuria Martinez-Keel/Oklahoma Voice)
OKLAHOMA CITY — An Oklahoma City federal judge on Tuesday put a two-week hold on the state's enforcement of a law criminalizing immigrants living in Oklahoma without legal residency.
House Bill 4156 created the state crime of 'impermissible occupation' last year. Federal District Judge Bernard Jones blocked enforcement of HB 4156 from June until March, when President Donald Trump's administration dropped his Democratic predecessor's lawsuit challenging the law.
Two undocumented immigrants living in Oklahoma and two organizations based in the state refiled the case this month. Jones agreed, like he did last year, that their case against HB 4156 is likely to succeed in court.
The U.S. Supreme Court has repeatedly found that control of immigration is an exclusively federal power, he wrote in his decision issued Tuesday. Jones found that federal law on this issue is likely to preempt state laws.
'Based on the comprehensive and exhaustive immigration framework that Congress designed, the Court is left with one conclusion: H.B. 4156 must fail,' Jones wrote.
Jones' decision blocks enforcement of the law until June 3, but the order could be extended.
The judge decided the undocumented residents could proceed under the pseudonyms Barbara Boe and Christopher Coe. His ruling also provisionally creates two classes of plaintiffs, an 'Entry Class' including those who unlawfully entered the country and a 'Reentry Class' made up of individuals who were deported and have returned to the United States.
Attorney General Gentner Drummond said the judge's decision is 'outrageous.' He said HB 4156 is essential to stopping drug trafficking and other illegal activities in the state.
'In the name of federal law, the court is protecting admitted lawbreakers from federal and state consequences,' Drummond said in a statement. 'This is perverse, contrary to the rule of law, and we will be evaluating all options for challenging the ruling.'
Attorneys from the American Civil Liberties Union of Oklahoma are leading the plaintiffs' legal team.
'The court's decision today is a victory for Oklahoma's immigrant community, but the damage of HB 4156 and the national rhetoric repeated by local politicians has already created an environment of fear in our state,' ACLU of Oklahoma executive director Tamya Cox-Toure said in a statement. 'No matter what someone looks like, sounds like, or what their immigration status may be, they should feel safe in their own communities. We will continue to fight for the rights and dignity of immigrants and their families.'
Editor's note: This story has been updated to include a statement from ACLU of Oklahoma executive director Tamya Cox-Toure, which wasn't available before initial publication.
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