Tuesday, May 21, 2024

US DOJ Threatens Suit Over Oklahoma Immigration Law

Flag of Oklahoma 

Flag Image Courtesy of Wikimedia Commons

News from Oklahoma:  The state legislature recently passed Oklahoma law that would criminalize "occupation" of the state of Oklahoma by any "alien" who "willfully and without permission enters and remains in the State of Oklahoma without having first obtained legal authorization to enter the United States."  Governor Kevin Stitt signed a bill into law.

The U.S. Department of Justice is threatening to sue the State of Oklahoma over a new law that seeks to fine and incarcerate any non-U.S. citizen who willfully and without permission enters the state.

Update (5/22);  Yesterday, "[t]he Justice Department . . .  filed suit against the State of Oklahoma to challenge House Bill 4156 (HB 4156) under the U.S. Constitution’s Supremacy Clause and Foreign Commerce Clause. The Constitution assigns the federal government the authority to regulate immigration and manage our international borders. Pursuant to this authority, Congress has established a comprehensive immigration framework governing noncitizens’ entry, reentry and presence. Because HB 4156 is preempted by federal law and violates the U.S. Constitution, the Justice Department seeks a declaration that HB 4156 is invalid and an order enjoining the state from enforcing the law."

KJ

https://lawprofessors.typepad.com/immigration/2024/05/us-doj-threatens-suit-over-oklahoma-immigrataion-law.html

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