Oklahoma’s legislators have joined their neighbor Texas in passing legislation to bar illegal immigrants from the state.
Gov. Kevin Stitt is expected to sign HB 4156, which cleared the State Senate on a vote of 39 to 8 on April 23.
The bill had strong support in the Republican-controlled legislature, while Democrats strongly opposed it.
The Oklahoma House of Representatives on April 18 passed the bill, which creates the crime of “impermissible occupation,” by a vote of 77 to 20.
Oklahoma Speaker of the House Charles McCall (R-District 22) and Senate Pro Tem Greg Treat (R-District 47) co-authored the new bill. The bill had 26 sponsors between the state House and Senate.
According to the bill, “A person commits an impermissible occupation if the person is an alien and willfully and without permission enters and remains in the State of Oklahoma without having first obtained legal authorization to enter the United States.”
HB 4156 states that illegal immigrants are overtaxing Oklahoma’s law enforcement and social services, among other issues. The legislation cites unlawful marijuana farms for exacerbating the problem by employing illegal immigrants and giving drug cartels a portal into Oklahoma.
A first offense is a misdemeanor, punishable by up to one year in a county jail, a fine of up to $500, or both. Subsequent offenses are felonies, punishable by up to two years in prison, a fine of up to $1,000, or both.
Illegal immigrants who are barred from the country or left the U.S. while subject to a removal order and then entered Oklahoma will face a felony charge carrying a possible sentence of up to two years in prison, a fine of up to $1,000, or both.
In all instances, those found guilty must leave Oklahoma within 72 hours of being released from custody.
The bill requires police to collect fingerprints, photographs, and biometric data, which will be cross-checked with Oklahoma State Bureau of Investigation databases.
“The failure of the federal government to address this issue . . . has turned every state into a border state,” Mr. McCall said in a statement.
“Those who want to work through the process of coming to our country legally are more than welcome to come to Oklahoma; we would love to have them here. We will not reward [illegal immigration] in Oklahoma, and we will protect our state borders.”
In a statement released on April 23, Mr. Treat said he agreed with Mr. McCall that the federal government’s inaction left Oklahoma no choice.
“The southern border crisis has created a scourge of illegal activities,” Mr. Treat wrote in his statement. “The Oklahoma legislature is taking the necessary action to protect our citizens.”
Oklahoma Attorney General Mark Drummond issued a press release praising the bill upon its passage by the state Senate.
“The Biden Administration has been utterly derelict in its duty to enforce federal law,“ Mr. Dummond said. ”If the president won’t secure the nation’s border, then our state must step in to protect Oklahomans.
“I appreciate President Pro Tempore Treat and Speaker McCall for their swift work on this bill, and I encourage Gov. Stitt to sign it into law.”
Sen. Michael Brooks (D-Oklahoma City) spoke against the new bill. He said he agreed that illegal immigration needs to be addressed. However, he said the new bill sends the wrong message and risks victimizing people who are seeking a better life in the United States.
He tried to introduce legislation to provide identification documents and driver’s licenses for illegal immigrants but found little support for the plan.
“The bill has been fast-tracked, bypassing the opportunity for vetting and public input at the committee level, and could leave tens of thousands of immigrants within our state at risk for unfair profiling and persecution, regardless of their status,” Mr. Brooks’ statement reads.
The Oklahoma bill closely resembles Texas SB4, which was signed into law by Republican Gov. Greg Abbot in 2023.
The Texas law authorizes state and local police to enforce immigration laws and prevents cities and towns from enforcing any local laws that conflict with state law.
The Biden Administration and civil rights groups have sued to block enforcement of the Texas law.
The case is before the 5th U.S. Circuit Court of Appeals, which heard arguments earlier this month.
