Crime of ‘impermissible occupation' now enforceable in Oklahoma, feds say
Hundreds of people, most of them Latino, attend a Hispanic Cultural Day rally outside the Oklahoma State Capitol on May 15 to protest House Bill 4156, which created the criminal offense of impermissible occupation. (Photo by Nuria Martinez-Keel/Oklahoma Voice)
OKLAHOMA CITY — People who enter the United States without legal authorization can now be arrested and jailed in Oklahoma, the federal government said, but groups challenging the controversial anti-immigration law say enforceability remains unclear.
The DOJ, under the Trump administration, on Friday voluntarily dismissed its challenge against Oklahoma's law that created the crime of 'impermissible occupation.' The lawsuit was filed during Joe Biden's presidency, but was dropped as President Donald Trump continues to make immigration and mass deportations a priority of his administration.
The 'voluntary dismissal terminates the action and dissolves the preliminary injunction,' according to the U.S. Department of Justice's Monday filing in Oklahoma Attorney General Gentner Drummond's appeal of an order that prevented the law's enforcement.
Phil Bacharach, a spokesperson for Drummond's office, said the attorney general's office is 'reviewing the situation for clarity, but at least the federal government appears to indicate it believes the law is enforceable.'
Drummond applauded the dismissal Friday and said in a statement that it marked the 'start of a new day for public safety' in Oklahoma.
The controversial law, signed by Gov. Kevin Stitt in April, created the crime of 'impermissible occupation' and allows Oklahoma law enforcement to arrest people who are in the U.S. without legal authorization.
The first offense is a misdemeanor punishable by one year in county jail and a fine of up to $500 or both. The person would be required to leave the state within 72 hours. A second offense is a felony with up to two years in prison, a fine of up to $1,000, or both.
The law was previously put on hold by a federal judge days before it was supposed to go into effect this summer in response to two enjoined lawsuits arguing that House Bill 4156 circumvents federal authority to enforce immigration law. One lawsuit came from the federal government under the Biden administration and a similar case was filed by private plaintiffs, which includes the advocacy group Padres Unidos de Tulsa and individual clients.
Drummond had appealed the injunction, issued by a federal judge in the United States District Court Western District of Oklahoma, in July to the United States Court of Appeals for the Tenth Circuit.
Elissa Stiles, an attorney for Padres Unidos, said Wednesday the group will continue to challenge the controversial law and would 'be filing another injunction expeditiously.'
She said it was unclear if the previously issued injunction is still in effect, making the enforceability of the law unclear. The private plaintiffs Sunday asked the courts to reconsider their individual case before allowing enforcement.
The filing from DOJ said while the private plaintiffs are free to seek a preliminary injunction in their own case, they cannot use Drummond's appeal as the vehicle to do so as 'the order appealed from has been dissolved.'
House lawmakers have also advanced a separate measure to the Senate that would repeal House Bill 4156 and create a new felony for being in the country illegally. It allows an individual to be arrested and charged with a new felony punishable by five years in prison if they are apprehended for a violation of Oklahoma's criminal law and are determined to be an undocumented immigrant.
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