A federal judge on June 28 issued a temporary halt to an Oklahoma law intended to enable state authorities to expel unauthorized immigrants, citing likely constitutional issues. Oklahoma House Bill 4156, signed by Gov. Kevin Stitt in April, allowed for state-level prosecution of unauthorized immigrants found in Oklahoma, mandating their removal within 72 hours upon conviction. Prior to its July 1 implementation, the law faced legal challenges from federal officials, arguing it encroached on federal jurisdiction over immigration, as outlined in the U.S. Constitution.

During court proceedings, Oklahoma Attorney General Gentner Drummond opposed the injunction, arguing that it would diminish state authority in immigration matters, contrasting with federal enforcement efforts.

U.S. District Judge Bernard Jones, ruling on June 28, sided with the Biden administration and issued an injunction pending further legal proceedings.

“Essentially, H.B. 4156 duplicates offences already addressed under federal law,” Judge Jones noted, emphasizing federal supremacy in immigration regulation.

The judge referenced a previous U.S. Supreme Court decision affirming federal authority in immigration, cautioning against allowing individual states to adopt conflicting policies that could undermine federal oversight.

Judge Jones pointed to recent judicial decisions striking down similar state laws, including in Texas, underscoring the comprehensive authority of federal statutes governing noncitizen entry and reentry.

The Department of Justice declined to comment on the ruling.

Nicholas Espiritu, deputy legal director at the National Immigration Law Center, which challenged the law, welcomed the injunction as a defence of immigrant communities in Oklahoma.

In contrast, Attorney General Drummond expressed disappointment, vowing to appeal to defend what he views as a necessary tool in combating unauthorized immigration in the state.

He criticized the Biden administration for what he described as lenient enforcement of federal immigration laws, citing an increase in illegal border crossings since President Joe Biden took office in 2021.

In fiscal year 2023, Customs and Border Protection recorded approximately 2.4 million encounters with unauthorized immigrants at the U.S.-Mexico border, fueling ongoing debates over the need for congressional reform of the nation’s immigration framework.

Homeland Security Secretary Alejandro Mayorkas reiterated the administration’s position that legislative action is essential to address systemic flaws in the current immigration system.