Several Oklahoma civil rights organizations have filed an amended lawsuit to block the enforcement of a controversial anti-immigration law, claiming it violates constitutional protections. The lawsuit follows the U.S. Department of Justice’s decision to drop its objections to House Bill 4156, which criminalizes “impermissible occupation” for undocumented immigrants in the state.
House Bill 4156, signed into law by Governor Kevin Stitt in April 2024, makes it a crime for undocumented individuals to work in Oklahoma. First-time offenders face up to a year in jail, a fine of up to $500, or both, and must leave the state within 72 hours. Repeat offenders could face up to two years in prison and a fine of up to $1,000.
The amended lawsuit, filed by the American Civil Liberties Union of Oklahoma, the National Immigration Law Center, Padres Unidos de Tulsa, and the League of United Latin American Citizens Oklahoma City chapter, argues that the law grants state officials unprecedented power to arrest, detain, and expel noncitizens, creating an immigration enforcement system outside the federal framework.
“We are fighting once more against this harmful law, which the court already enjoined last year as unconstitutional,” said Noor Zafar, a senior staff attorney with the ACLU’s Immigrants’ Rights Project. “Every day that HB 4156 is in effect, it puts immigrants in Oklahoma at risk of arrest, detention, and banishment from the state.”
The Department of Justice, under President Donald Trump, announced in March that it would no longer oppose the law, allowing it to be implemented. This decision has spurred the civil rights groups to renew their legal challenge.
The law has drawn widespread criticism for its potential to disrupt communities and undermine the federal immigration system. Opponents argue that immigration enforcement is the responsibility of federal authorities, not state officials.
Oklahoma Attorney General Gentner Drummond and Commissioner of Public Safety Tim Tipton are named as defendants in the lawsuit. A spokesperson for Drummond’s office stated that the law is essential for public safety, particularly in addressing illegal immigration linked to illegal marijuana grows. “Enforcing HB 4156 ensures the safety and security of Oklahomans, and our office will vigorously defend it,” the spokesperson said.
While a bill to repeal the law, House Bill 1362, was introduced this session, it did not progress through the legislative process. The bill would have allowed undocumented immigrants apprehended for criminal offenses to be returned to their country of origin by federal immigration enforcement rather than face imprisonment.
The legal battle over House Bill 4156 continues, with opponents pushing to block its enforcement, citing concerns over civil rights and the role of state versus federal authorities in immigration matters.
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