The Biden administration has launched a lawsuit against Oklahoma, contesting a recently enacted state law that authorizes local authorities to detain migrants residing in the state without legal documentation. This legal move intensifies the ongoing battle over state versus federal jurisdiction in immigration enforcement.
Republican Governor Kevin Stitt signed House Bill 4156 into law in April, criminalizing the presence of undocumented migrants in Oklahoma. This legislation empowers local law enforcement to arrest individuals lacking legal authorization to be in the United States.
The U.S. Department of Justice (DOJ), which has previously sued Texas and Iowa over similar measures, is arguing that Oklahoma’s new law is unconstitutional. According to the DOJ’s complaint, Oklahoma’s legislation “intrudes on the federal government’s exclusive authority to regulate noncitizens’ entry and reentry into, and presence in, the United States” and is thus “preempted” by federal law.
Biden administration sues Oklahoma over new law allowing arrest of illegal migrants https://t.co/uCvOQaXnaa pic.twitter.com/TzOnqyJ2y8
— New York Post (@nypost) May 21, 2024
“HB 4156 intrudes on that scheme, frustrates the United States’ immigration operations, and interferes with U.S. foreign relations,” the federal government asserts in its lawsuit. The complaint was filed in the U.S. District Court for the Western District of Oklahoma and names Governor Stitt, State Attorney General Gentner Drummond, and State Department of Public Safety Commissioner Tim Tipton as defendants.
The Biden administration’s legal challenge underscores the complex and often contentious relationship between state and federal governments regarding immigration enforcement. The DOJ’s stance is that immigration control falls squarely within federal jurisdiction, and state laws like Oklahoma’s disrupt the uniformity and efficiency of national immigration policies.
Governor Stitt and other supporters of House Bill 4156 argue that the state has a right to protect its borders and maintain public safety. They contend that the federal government has failed to adequately address illegal immigration, necessitating state-level intervention.
This lawsuit is part of a broader strategy by the Biden administration to assert federal primacy in immigration matters and prevent a patchwork of state laws that could complicate national immigration policy and enforcement.
As this legal battle unfolds, it will be closely watched by other states considering similar measures and by those on both sides of the immigration debate. The outcome could have significant implications for how immigration laws are enforced across the United States.