Federal judge blocks Oklahoma law criminalizing illegal immigrants

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.

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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.

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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.”