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Court pauses controversial Oklahoma immigration law that adds 'impermissible occupation' charge

Court pauses controversial Oklahoma immigration law that adds 'impermissible occupation' charge

Yahoo20-05-2025

A federal judge has agreed to temporarily block Oklahoma from enforcing a controversial immigration law that allows state prosecutors to charge people with "impermissible occupation" if they are in the U.S. without authorization.
U.S. District Judge Bernard Jones in Oklahoma City issued the order on Tuesday, May 20, saying it will expire in 14 days, 'unless extended for good cause or dissolved or modified sooner.'
Enforcement of the law, passed in 2024, had been delayed by federal lawsuits that argued Oklahoma lawmakers exceeded their authority by trying to regulate immigration, which is considered a matter of federal law. But in March, after Republican Donald Trump replaced Democrat Joe Biden as president, the federal government dropped its legal challenge to the law.
The American Civil Liberties Union and other civil rights groups filed an amended complaint to renew their challenges to the law on May 13, asking for a temporary restraining order, which Jones granted.
Oklahoma Attorney General Gentner Drummond, who supports enforcement of the state law, immediately issued a statement decrying Jones' ruling, calling it outrageous that the state is again blocked from enforcing the new law.
'In the name of federal law, the court is protecting admitted lawbreakers from federal and state consequences,' Drummond said. 'This is perverse, contrary to the rule of law, and we will be evaluating all options for challenging the ruling.
In his ruling, Jones acknowledged the complaints from the law's supporters, saying their 'frustrations are not lost' on him.
'But those concerns, however pressing, cannot override the constitutional design,' Jones wrote. 'When determining whether a state law like H.B. 4156 is preempted, the Supreme Court instructs courts like this one to look to the intent of Congress, not the enforcement priorities of any particular administration. Doing so, and based on the comprehensive and exhaustive immigration framework that Congress designed, the Court is left with one conclusion: H.B. 4156 must fail.'
The ACLU didn't immediately issue a public statement about Jones' ruling.
If allowed to go back into effect, the law would establish the misdemeanor crime of "impermissible occupation", with punishment being up to one year in a county jail, a $500 fine or both. Any subsequent convictions would trigger felony charges and the possibility of spending two years in state prison and/or a $1,000 fine. People convicted of impermissible occupation would be forced to leave Oklahoma within 72 hours of being released.
This article originally appeared on Oklahoman: Federal judge pauses controversial Oklahoma immigration law HB 4156

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