DOJ Sues Oklahoma Over HB 4156: Challenges Immigration Law

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WASHINGTON — The U.S. Department of Justice (DOJ) sues Oklahoma, challenging House Bill 4156 under the U.S. Constitution’s Supremacy Clause and Foreign Commerce Clause, according to a statement released today.

The justice department called for a declaration for Oklahoma to invalidate HB 4156 and refrain from enforcing the law.

“Oklahoma cannot disregard the U.S. Constitution and settled Supreme Court precedent,” Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division said in a statement. “We have brought this action to ensure that Oklahoma adheres to the Constitution and the framework adopted by Congress for regulation of immigration.”   

DOJ Sues Oklahoma Over HB 4156

The plaintiffs filed the suit under the US Constitution’s Supremacy Clause and Foreign Commerce Clause.

The DOJ previously instructed Oklahoma Gov. Kevin Stitt and Attorney General Gentner Drummond to retract the bill by Monday to prevent the lawsuit.

HB 4156 would create a new crime called “impermissible occupation,” or entering the state without legal authorization to be in the United States.

The first offense is a misdemeanor punishable by one year in county jail. Additionally, it carries a fine of up to $500 or both. Further, the person would be required to leave the state within 72 hours.

A second offense is a felony with up to two years in prison, a fine of up to $1,000, or both.

The DOJ noted SCOTUS recognized the authority to admit noncitizens and to determine their status in the U.S. is “a core responsibility of the federal government,” the release said.

“HB 4156 impedes the federal government’s comprehensive immigration scheme and interferes with its conduct of foreign relations,” the release said.

Lastly, the lawsuit includes the Department of Homeland Security and the Department of State.

The outcome of this lawsuit will significantly impact the state’s ability to enforce its own immigration policies and may set a precedent for future cases involving state-level immigration laws. The DOJ’s firm stance underscores the federal government’s commitment to maintaining its authority over immigration matters. This ensures uniformity and adherence to constitutional principles across all states.