Biden DOJ to Challenge Oklahoma's Criminalization of Illegal Immigration

The Biden administration’s Department of Justice (DOJ) is gearing up to sue the state of Oklahoma over a newly enacted law that criminalizes illegal immigration at the state level. This move by the DOJ comes after Oklahoma Governor Kevin Stitt signed a bill permitting law enforcement to arrest individuals suspected of being illegal immigrants under the charge of "impermissible occupation."

Under this law, first and second-time offenders face varying penalties, including a mandate to leave Oklahoma within 72 hours of their release from custody. The DOJ argues that this law is unconstitutional, citing conflicts with the federal Immigration and Nationality Act (INA).

• DOJ Principal Deputy Assistant Attorney Brian Boynton stated that the United States would file suit to prevent the enforcement of HB 4156 unless Oklahoma agrees to cease its enforcement.

• Oklahoma Attorney General Gentner Drummond countered by asserting the state's sovereign right to defend its citizens and criticized the Biden administration for failing to control the border.

Oklahoma is among several states enacting laws to address the ongoing crisis at the southern border. Iowa recently passed a law making illegal reentry an aggravated misdemeanor, prompting a similar threat from the DOJ. Texas has also faced legal battles with the federal government over state-led immigration enforcement measures.

Georgia's new legislation requires jails to verify the citizenship status of inmates, a response to the tragic murder of 22-year-old Laken Riley by an illegal immigrant from Venezuela.

The Biden administration’s legal threats against these states come amid a record-breaking surge in illegal immigration. Since President Biden took office, there have been over 9.5 million encounters and an estimated 1.7 million "gotaways." By contrast, during the Trump administration, there were only 445,000 total reported gotaways from 2018 to 2020.

These issues have significantly impacted public opinion. Recent polls show that only 20% of voters believe the U.S. has control over its borders, and just 36% approve of Biden’s handling of immigration.

As the DOJ continues its legal battles, states like Oklahoma, Iowa, Texas, and Georgia are determined to implement their measures to address the immigration crisis. The tension between state sovereignty and federal authority remains a contentious issue, especially with the 2024 elections on the horizon.

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