The recent legal clash between the Biden administration and Oklahoma revolves around a contentious new law signed by Governor Kevin Stitt. This law, known as House Bill 4156, enables local authorities to arrest migrants found within the state without legal authorization to be in the United States. However, the Biden administration swiftly responded by filing a lawsuit against Oklahoma, contending that the law violates the U.S. Constitution and infringes upon federal jurisdiction over immigration matters.
Principal Deputy Assistant Attorney General Brian Boynton emphasized the administration’s stance, asserting that Oklahoma must adhere to both the Constitution and the established framework for immigration regulation set by Congress. The lawsuit, filed in the US District Court for the Western District of Oklahoma, targets Governor Stitt, state Attorney General Gentner Drummond, and state Department of Public Safety Commissioner Tim Tipton as defendants.
At the core of the legal dispute is the argument that Oklahoma’s law encroaches upon the federal government’s exclusive authority to oversee the entry, reentry, and presence of noncitizens in the United States. The Biden administration contends that House Bill 4156 disrupts the established immigration system, hampers federal operations, and interferes with U.S. foreign relations.
In terms of enforcement, the law introduces penalties for illegal entry into Oklahoma. A first offense constitutes a misdemeanor, punishable by up to one year in jail and a $500 fine, with a mandate for convicted migrants to depart the state within 72 hours. Subsequent offenses escalate to felony charges, carrying penalties of up to two years in prison and a $1,000 fine.
Governor Stitt, upon signing the bill into law, expressed regret over its necessity, citing concerns about national security and the influx of migrants across the southern border since President Biden took office. He stressed that the law aims to safeguard Oklahomans without resorting to racial profiling or unwarranted questioning of individuals’ immigration status.
In response to potential litigation from the Biden administration, Attorney General Drummond vowed to vigorously defend Oklahoma’s sovereignty and the rights of its citizens. He criticized the administration’s approach to immigration enforcement, asserting the state’s obligation to protect its borders and residents within the bounds of the law.