Ryan Walters' immigration-check proposal hits roadblock in Oklahoma Senate

Yahoo

07-05-2025

A proposal to require Oklahoma schools to track students' immigration statuses might not make it through the Legislature.
Without debate on May 7, the Oklahoma Senate Administrative Rules Committee approved a resolution rejecting that proposed rule, as well as some other controversial elements a rules package prepared by the Oklahoma State Department of Education and state schools Superintendent Ryan Walters.
The committee voted 6-1 to send Senate Joint Resolution 22 to the full Senate. Sen. Micheal Bergstrom, R-Adair, who chairs to committee, said he thinks its resolutions on rule proposals could be heard on the Senate floor 'as early as next week.' The education-related resolution would need to clear the Senate, the House Administrative Rules Committee and the full House, then be signed by Republican Gov. Kevin Stitt, before becoming law.
The Republican-controlled Legislature has until May 30 to act on administrative rules proposals. In preparing the rules resolutions, Bergstrom said, 'We wanted to listen to everyone's positions and then take (those) and try to have it where we have something that we can put forward that we felt that be able to be passed and would resolve the issues.'
More: Ryan Walters' rules on immigration status, teacher testing go before Oklahoma lawmakers
The most controversial of the rules proposed by the state agency is one that would allow the agency to not just ask schools for the immigration status of students, but of their parents, as well. Another proposed rule that drew strong opposition is one that would require Oklahoma teachers to take the U.S. naturalization test as a requirement for certification or renewal of certification, meaning even veteran teachers would have to take it.
The Senate resolution rejects both of those proposals. During a recent House Administrative Rules Committee meeting led by Rep. Gerrid Kendrix, R-Altus, both Republicans and Democrats voiced objections to those ideas.
Bergstrom said he discussed the proposals with Kendrix and concluded there was "probably not legislative authority for those rules.'
State Sen. Micheal Bergstrom's committee has passed a resolution that would reject controversial administrative rules proposals from the Oklahoma State Department of Education.
'That's our first thing that we look at – is there legislative authority, and then does it follow legislative intent – and then we start looking at the other issues," Bergstrom said.
Stitt, once an ally of Walters, has been outspoken about his stance against the proposed immigration rule, accusing Walters of using immigrant children as 'political pawns.' Referring to the proposal, Stitt has said he's 'going to do what I can to change that' if the rule comes across his desk.
Walters, a Republican, has said his agency would work with federal law enforcement and would support them if they chose to raid Oklahoma schools. During a brief press conference following a January meeting of the Oklahoma State Board of Education, Walters was asked three times if he had any concerns about the trauma such raids might inflict on students. Instead, he talked about supporting law enforcement.
A spokeswoman for Walters didn't immediately return a message left May 7 seeking comment on the Senate committee's action. Neither did spokespeople for Stitt.
Bergstrom said he spoke with the governor while preparing the resolution regarding the education rules. He said he expects some debate on the Senate floor regarding the resolution.
'I just don't know how intense that will be,' Bergstrom said. "I'm hoping it won't be too bad.'
Two far-right lawmakers weren't in the room for committee vote
The lone 'no' vote on the resolution to reject the controversial proposed rules came from Sen. Kendal Sacchieri, R-Blanchard. When asked for her vote the first time, she paused for several seconds, then said 'pass.' A few moments later, when asked again, she said, 'Nay.'
Just after the vote was recorded, two far-right members of the committee entered the room – the vice chair, Sen. Shane Jett, R-Shawnee, and Sen. Dusty Deevers, R-Elgin. They are two of the four publicly declared members of the Freedom Caucus in the Legislature. Jett and Deevers cast votes on the only other item on the committee's agenda, but not on the resolution regarding the education-related rules.
The path for agency administrative rules to take effect is different than in 2024. That year, a set of administrative rules from Walters' agency went into effect without receiving debate, or a vote, on either the House or Senate floors. Stitt then unilaterally approved the rules as part of a package that included all state agencies that had submitted rules proposals.
This year, the rules proposals were divided into six general categories by Bergstrom and Kendrix. Both the House and Senate committees had responsibility to develop resolutions for three rules packages each, with the package of education-related rules assigned to start in the Senate committee.
The rules resolutions, Kendrix said, theoretically would follow the traditional path of a regular legislative bill. If the Legislature takes no action, then it's up to Stitt whether or not to approve the rules proposals. Stitt does not have line-item veto authority on administrative rules proposals.
This article originally appeared on Oklahoman: Ryan Walters' immigration rule proposal faces new rejection in Senate