Oklahoma City, Oklahoma – The U.S. Department of Justice has taken a stand against a controversial law in Oklahoma that seeks to criminalize living in the state without legal immigration status. The lawsuit, filed in federal court in Oklahoma City, challenges the law that imposes up to two years of imprisonment for those found living in the state without proper documentation. This law is similar to those passed in Texas and Iowa, which are also facing challenges from the Justice Department.
The state of Oklahoma, along with several other Republican-led states, has been pushing for stricter immigration enforcement. This issue has become a hot topic for both Republicans and Democrats, with other bills targeting migrants being passed in Florida, Georgia, and Tennessee this year.
The Justice Department argues that the Oklahoma statute goes against the U.S. Constitution and is asking the court to declare it invalid and prevent the state from enforcing it. U.S. Principal Deputy Assistant Attorney General Brian Boynton, head of the Justice Department’s Civil Division, stated, “Oklahoma cannot disregard the U.S. Constitution and settled Supreme Court precedent. We have brought this action to ensure that Oklahoma adheres to the Constitution and the framework adopted by Congress for regulation of immigration.”
However, Oklahoma Governor Kevin Stitt believes that the law is necessary, citing the failure of the Biden administration to secure the nation’s borders. “Not only that, but they stand in the way of states trying to protect their citizens,” Stitt said in a statement.
The federal action was expected, as the Department of Justice had warned Oklahoma officials last week that they would sue unless the state agreed not to enforce the new law. In response, Oklahoma Attorney General Gentner Drummond called the DOJ’s argument “dubious at best” and stated that while the federal government has broad authority over immigration, it does not have exclusive power on the subject.
Drummond wrote in a letter to the DOJ, “Oklahoma is exercising its concurrent and complementary power as a sovereign state to address an ongoing public crisis within its borders through appropriate legislation. Put more bluntly, Oklahoma is cleaning up the Biden Administration’s mess through entirely legal means in its own backyard – and will resolutely continue to do so by supplementing federal prohibitions with robust state penalties.”
This is not the first time the Justice Department has taken action against similar laws. Earlier this month, they filed a lawsuit seeking to block an Iowa law that would allow criminal charges to be brought against individuals with outstanding deportation orders or who have been previously removed from or denied admission to the United States.
The law in Oklahoma has sparked large protests at the state Capitol, with immigrants and their families expressing concern that their loved ones will be racially profiled by police. “We feel attacked,” said Sam Wargin Grimaldo, an immigration attorney who attended a rally last month wearing a shirt that read, “Young, Latino and Proud.” He added, “People are afraid to step out of their houses if legislation like this is proposed and then passed.”
The Oklahoma Association of Chiefs of Police and the Metro Law Enforcement Agency Leaders also raised concerns about the law, stating that they were not involved in drafting it and that it could put crime victims at risk if they fear reporting to law enforcement. In a joint statement, they said, “This law has the potential to destroy the connections and relationships we have built within our local immigrant communities and set us back for many years to come.”
The decision on the constitutionality of the law in Oklahoma will be made by a three-judge panel, which heard arguments from both supporters and opponents in April. A similar law in Texas was allowed to be enforced for a few hours in March before being put on hold by a federal appeals court.
In conclusion, the U.S. Department of Justice’s lawsuit against Oklahoma’s law is a crucial step in protecting the rights of immigrants and upholding the U.S. Constitution. It sends a strong message that states cannot disregard federal laws and that immigration is a matter that falls under the jurisdiction of the federal government. Let us hope that this lawsuit will lead to a fair and just resolution for all those affected by this controversial law.
