A bill which would have potentially forced migrants without legal status to leave Oklahoma as of Monday is on hold, as the federal government battles the state's leadership.
The new law – known as HB 4156 – makes it illegal to be in Oklahoma without legal immigration, under a crime called "impermissible occupation". Those found guilty could be jailed for up to a year, fined $500 and be required to leave the state within 72 hours.
The U.S. Department of Justice filed a lawsuit in May, another followed from the American Civil Liberties Union and partners, and on Friday, U.S. District Judge Bernard M. Jones blocked the bill from going into effect, quoting a previous, similar case in Arizona.
"Oklahoma 'may have understandable frustrations with the problems caused by illegal immigration... but the State may not pursue policies that undermine federal law'," Jones said in his ruling.
Noor Zafar, staff attorney for ACLU's Immigrants' Rights Project, told Newsweek Monday that HB 4156 left her clients in fear for their future.
"If the law were implemented, it could result in our clients being separated from their families because they would have to leave the state of Oklahoma,"
"Some of our clients are people who have lived in Oklahoma for their entire life, they have set roots down in the state, and really contributed to and built out the communities that they are part of."
The ACLU filed its lawsuit on behalf of Padres Unidos, an organization working with Oklahoma's migrant families.
One of those who would be affected is a 47-year-old Mexican woman, who entered the U.S. without inspection in 1993 and now lives in Tulsa. Her husband and six children are all U.S. citizens, and her application is pending, but without it she could face prosecution under HB 4156.
The route to citizenship can be complicated for undocumented migrants, but if married to a U.S. citizen they may file to become a Permanent Resident, or gain a green card, before seeking citizenship – a process which can take many years.
In Oklahoma, processing times for green cards were around 15 months on average as of Monday, but that wait could have forced undocumented migrants in Oklahoma to leave, should the new law have come into effect.
Officials in the state said they would fight the ruling, with Attorney General Gentner Drummond calling it disappointing.
"The Biden Administration's complete failure to enforce federal immigration laws made House Bill 4156 a necessity," Drummond said. "We intend to appeal today's decision and defend one of the most powerful tools we have to fight the criminal activity largely being fueled by illegal aliens in Oklahoma."
The ACLU argued that the policy would mean individuals who have been living in Oklahoma with their families could be forced to leave them, and that the federal government had Constitutional power over immigration.
Data from the American Immigration Council shows there are around 82,000 undocumented migrants in Oklahoma, some of whom could fall under this illegal status.
When the bill was signed by Oklahoma Governor Kevin Stitt in April, he said that his job was to protect four million Oklahomans from harm, but argued this was not about harming any particular community.
"I love Oklahoma's Hispanic community and I want to ensure that every law-abiding citizen has the opportunity to pursue the American Dream," the governor said in a press release. "Let me be clear – there is no tolerance for racism or discrimination against any community in our state."
"I want our Hispanic community to rest assured that this law does not give law enforcement the authority to profile individuals or question them about their immigration status without reasonable suspicion of a crime," Stitt added.
Newsweek reached out to the governor's office for further comment Monday morning.
Zafar, the ACLU attorney, told Newsweek that the governor's perspective didn't make sense to her.
"It's really hard to envision how this law would be implemented without officers and those tasked with enforcing it engaged in some kind of profiling," the attorney said.
"Not only will it be hard to determine who is subjected to the law without engaging in profiling, it will also make people who are victims of crimes and others who need to reach out to law enforcement, it will make them more reluctant to do so."
The argument that migrants are committing more crimes than U.S. citizens has been debunked in recent months, with a study focusing on Texas last week showing that migrants are convicted of fewer homicides than native born Americans.
Analysis by the Brennan Center for Justice also found that migrants were 33 percent less likely to be incarcerated than U.S. citizens.
In Oklahoma, HB 4156 is now on hold, pending further hearings on both lawsuits.
Do you have a story Newsweek should be covering? Do you have any questions about this story? Contact LiveNews@newsweek.com
fairness meter
To Rate This Article
About the writer
Dan Gooding is a Newsweek reporter based in New York City. His focus is reporting on immigration and the U.S.-Mexico ... Read more
