Latest news with #HouseBill4156
Yahoo
5 days ago
- Politics
- Yahoo
Court halts controversial Oklahoma immigration law that would create new state charge
Oklahoma can't enforce a controversial state immigration law while a related lawsuit works its way through court, a federal judge in Oklahoma City has ruled. U.S. District Judge Bernard Jones issued the injunction Tuesday, June 3, weeks after he had issued a similar, but shorter-term, order in the case. The lawsuit centers on a 2024 law known as House Bill 4156, which would let state courts prosecute people for the crime of "impermissible occupation." Civil rights groups want the court to throw out the law as unconstitutional. They contend the federal government has the exclusive right to regulate immigration. Republican Attorney General Gentner Drummond has countered that Oklahoma should be allowed to enforce the law. Jones said in his ruling that while Oklahoma officials may have understandable concerns about the impacts of undocumented immigration, the federal government has the sole right to control immigration law. "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. Jones was nominated to the bench in 2019 by Republican President Donald Trump during his first term in office. Trump has made clamping down on illegal immigration a key focus of his second term. Under President Joe Biden, the U.S. sued Oklahoma in 2024 in an attempt to block HB 4156 from taking effect. But federal prosecutors dropped out of the case after Trump took office. The government's exit put the case in legal limbo. In May, several plaintiffs, including the ACLU, revived the legal challenge to the law and asked a judge to put it on hold until the lawsuit worked its way through court. Jones granted that request, writing that he was unconvinced by arguments that Oklahoma has any power to enforce state-level immigration laws. "The federal government retains, as it always has, 'broad, undoubted power over the subject of immigration and the status of aliens,'" Jones wrote, citing a 2012 U.S. Supreme Court ruling. "And noncitizens who violate federal immigration law—whether in Oklahoma or elsewhere—remain subject to that authority, if and when the federal government chooses to act." Noor Zafar, an attorney for the ACLU's Immigrants' Rights Project, said the groups suing to block the law were grateful for Jones' decision to put the law on hold. 'Every single day that HB 4156 is in effect, it puts immigrants in Oklahoma at tremendous risk,' Zafar said in a statement. Drummond, who has been a vocal supporter of the law, did not immediately respond to a request sent to a spokesperson for comment on the injunction. He had previously accused the court of 'protecting admitted lawbreakers from federal and state consequences' after Jones issued a temporary restraining order in the case. Oklahoma's HB 4156: What to know about state's paused immigration law, Trump policies Drummond's office also had asked Jones to block two plaintiffs from suing under the fictitious names of Barbara Boe and Christopher Coe, rather than their legal names. Court filings described Boe as a 51-year-old Mexican national who lives in Tulsa and Coe as a 37-year-old Mexican national who lives in Broken Bow. They had argued that using their real names would open them up to law enforcement scrutiny. Jones agreed, saying it would "effectively place a target on their backs simply for seeking judicial review" of a state law that they claim is unconstitutional. He pushed back against the state's argument that allowing Boe and Coe to use pseudonyms would protect "federal lawbreakers from the federal consequences of their actions." He described that argument as a mischaracterization that did not "move the needle." "After all, this case concerns a state immigration law, and the federal government stands in no better — or worse position to prosecute or remove plaintiffs for federal immigration violations by virtue of their pseudonymity," Jones wrote. If HB 4156 is ultimately allowed to go 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 or paying 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: Oklahoma's controversial anti-immigration law HB 4156 halted again
Yahoo
5 days ago
- Politics
- Yahoo
Enforcement of Oklahoma immigration law blocked indefinitely
Protestors at a Hispanic Cultural Day rally outside the Oklahoma State Capitol on May 15, 2024, hold flags representing the United States, Mexico and other Spanish-speaking countries. Hundreds gathered to protest the newly enacted House Bill 4156, which created the criminal offense of impermissible occupation. (Photo by Nuria Martinez-Keel/Oklahoma Voice) 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.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX SUPPORT: YOU MAKE OUR WORK POSSIBLE
Yahoo
21-05-2025
- Politics
- Yahoo
Federal judge slaps hold on new Oklahoma immigration law
A federal judge in Oklahoma has put a two-week hold on a 2024 state law coming into force that criminalizes illegal immigrants living in the state, a decision that was welcomed by the American Civil Liberties Union (ACLU) but drew a strong rebuke from the state's attorney general, who blasted the decision as "outrageous." Federal District Judge Bernard Jones on Tuesday ruled that House Bill 4156 may not be enforced for at least 14 days while a court challenge proceeds. The law creates the crime of "impermissible occupation" and empowers state and local law enforcement officers to arrest immigrants suspected of being in the U.S. illegally. Trump Doj Drops Biden-era Legal Challenge To Texas Border Security Law A first offense under the law is a misdemeanor, punishable by up to a year in jail and a fine of $500, and a second offense is a felony that could result in up to two years in prison. The law also requires a person to leave the state within 72 hours of conviction or release from custody. The bill was signed into law in April 2024 but was held up from taking force due to a lawsuit filed by the Biden administration challenging its constitutionality in that it violates the federal government's immigration authority, which led to a pause in enforcement. Read On The Fox News App However, the new Trump Justice Department decided to drop the federal government's case in March. That led to two unnamed undocumented immigrants and the ACLU representing a local advocacy group filing a new lawsuit, which prompted Jones to issue another temporary injunction on Tuesday. New Jersey Democrat Accused Of Assaulting Officers Dismisses 'Absurd' Charges Jones said that their case is likely to succeed in court, adding that he will consider a longer-term injunction of the law after a court hearing in early June. Oklahoma Attorney General Gentner Drummond blasted the delayed enforcement, writing on X that "it is outrageous that Oklahoma is once again prohibited from enforcement of HB 4156." He said it was critical to the state's efforts to shut down illegal marijuana grows, fentanyl distribution and other illegal activities. Drummond also blasted the judge for allowing the case to proceed despite two of the plaintiffs being anonymous because to reveal their identities would "expos(e) them to federal authorities" for federal lawbreaking, he said, quoting the judge. "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." Tamya Cox-Touré, the executive director for the ACLU of Oklahoma, said the decision was a victory for immigrants' rights. "But the damage of HB 4156 and the national rhetoric repeated by local politicians has already created an environment of fear in our state," Cox-Touré said. 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."Original article source: Federal judge slaps hold on new Oklahoma immigration law
Fox News
21-05-2025
- Politics
- Fox News
Federal judge slaps hold on new Oklahoma immigration law
A federal judge in Oklahoma has put a two-week hold on a 2024 state law coming into force that criminalizes illegal immigrants living in the state, a decision that was welcomed by the American Civil Liberties Union (ACLU) but drew a strong rebuke from the state's attorney general, who blasted the decision as "outrageous." Federal District Judge Bernard Jones on Tuesday ruled that House Bill 4156 may not be enforced for at least 14 days while a court challenge proceeds. The law creates the crime of "impermissible occupation" and empowers state and local law enforcement officers to arrest immigrants suspected of being in the U.S. illegally. A first offense under the law is a misdemeanor, punishable by up to a year in jail and a fine of $500, and a second offense is a felony that could result in up to two years in prison. The law also requires a person to leave the state within 72 hours of conviction or release from custody. The bill was signed into law in April 2024 but was held up from taking force due to a lawsuit filed by the Biden administration challenging its constitutionality in that it violates the federal government's immigration authority, which led to a pause in enforcement. However, the new Trump Justice Department decided to drop the federal government's case in March. That led to two unnamed undocumented immigrants and the ACLU representing a local advocacy group filing a new lawsuit, which prompted Jones to issue another temporary injunction on Tuesday. Jones said that their case is likely to succeed in court, adding that he will consider a longer-term injunction of the law after a court hearing in early June. Oklahoma Attorney General Gentner Drummond blasted the delayed enforcement, writing on X that "it is outrageous that Oklahoma is once again prohibited from enforcement of HB 4156." He said it was critical to the state's efforts to shut down illegal marijuana grows, fentanyl distribution and other illegal activities. Drummond also blasted the judge for allowing the case to proceed despite two of the plaintiffs being anonymous because to reveal their identities would "expos(e) them to federal authorities" for federal lawbreaking, he said, quoting the judge. "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." Tamya Cox-Touré, the executive director for the ACLU of Oklahoma, said the decision was a victory for immigrants' rights. "But the damage of HB 4156 and the national rhetoric repeated by local politicians has already created an environment of fear in our state," Cox-Touré said. 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."
Yahoo
20-05-2025
- Politics
- Yahoo
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. SUPPORT: YOU MAKE OUR WORK POSSIBLE SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
