On Tuesday, the U.S. Department of Justice filed a lawsuit against Oklahoma to stop a law that imposes criminal penalties on people living in the state illegally.
The lawsuit, filed in federal court in Oklahoma City, challenges a law that makes it a state crime, punishable by up to two years in prison, to reside in Oklahoma without legal immigration status. Similar laws in Texas and Iowa are also facing legal challenges from the Justice Department.
Oklahoma, along with several other Republican-led states, has been increasing efforts to enforce immigration laws, a topic both Republicans and Democrats are focusing on. This year, bills targeting migrants have been passed in Florida, Georgia, and Tennessee.
The Justice Department argues that the Oklahoma statute violates the U.S. Constitution and is asking the court to declare it invalid and prevent the state from enforcing it.
Brent Cox and Josh Malkin (Via Alex Hazelwood/Getty Images)
Brian M. Boynton, the U.S. Principal Deputy Assistant Attorney General in charge of the Justice Department’s Civil Division, stated, “Oklahoma must adhere to the Constitution and the legal framework established by Congress for immigration regulation.”
Governor Kevin Stitt of Oklahoma defended the law, citing the Biden administration’s perceived failure to secure the nation’s borders and accusing it of obstructing states’ efforts to protect their residents.
The federal government’s lawsuit was expected after the Department of Justice warned Oklahoma officials that it would sue unless the state agreed not to enforce the law. In response, Oklahoma Attorney General Gentner Drummond criticized the DOJ’s argument, calling it “questionable” and asserting that while the federal government has broad authority over immigration, it does not hold exclusive power on the matter.
