On Tuesday, the Biden administration filed a lawsuit against Oklahoma over a new law that allows local authorities to arrest illegal aliens. Republican Governor Kevin Stitt signed House Bill 4156 into law in April, which aims to address illegal immigration more stringently within the state.
The law, set to take effect on July 1, establishes new state crimes related to noncitizens’ entry, reentry, and presence in the United States. According to the Department of Justice, this includes charges ranging from misdemeanors to felonies. HB 4156 essentially gives Oklahoma the authority to expel noncitizens from the state, creating a state-specific approach to immigration enforcement.
Predictably, the Biden administration contends that this legislation, designed to protect Oklahoma residents, is unconstitutional. Principal Deputy Assistant Attorney General Brian M. Boynton argued, “Oklahoma cannot disregard the U.S. Constitution and settled Supreme Court precedent. We have brought this action to ensure that Oklahoma adheres to the Constitution and the framework adopted by Congress for regulation of immigration.”
Governor Stitt expressed frustration at the necessity of such a bill. He highlighted the ongoing crisis at the southern border, stating, “Since President Biden took office in 2021, more than 10 million people have poured over the southern border. Countless individuals from across the globe, including thousands of Chinese nationals and people affiliated with terror organizations, have illegally crossed the U.S.-Mexico border. Oklahomans are concerned by who could be lying in wait for an opportunity to bring harm to our country. My sole aim is to protect all four million Oklahomans, regardless of race, ethnicity, or heritage.”
Oklahoma is not alone in this effort. Other states, such as Georgia and Texas, have pursued similar measures. In March, the Georgia state House passed a bill allowing police to arrest individuals suspected of entering the U.S. illegally. This move followed the tragic murder of college student Laken Riley, allegedly by an illegal immigrant from Venezuela. Texas authorities have also begun arresting illegal immigrants crossing the border in Eagle Pass, prompting yet another lawsuit from the Biden administration.
These actions by various states underscore the growing frustration with federal inaction on border security and immigration enforcement. Conservative leaders argue that the federal government’s failure to control the border effectively leaves states no choice but to take matters into their own hands to protect their citizens. The Biden administration’s lawsuits against these states highlight a fundamental clash over the balance of power and the responsibility of ensuring public safety.
