Trump's border proclamation could revive Oklahoma's immigration law HB 4156

The DOJ announced Sunday that it is assessing how a recent proclamation from President Donald Trump affects the case around Oklahoma's House Bill 4156.

House Bill 4156 would create the crime of impermissible occupation, criminally charging anybody who is in the state illegally, and requiring them to leave Oklahoma within 72 hours.

That measure was signed into law but paused in June just days before it went into effect.

A Jan. 23 letter from the Justice Department to the U.S. Court of Appeals for the Tenth Circuit cites the following proclamation from President Trump, according to the Office of Attorney General Gentner Drummond.

"...the current situation at the southern border qualifies as an invasion under Article IV, Section 4 of the Constitution of the United States.”

Drummond released the following statement:

“President Trump is committed to securing the border and enforcing immigration laws, which is a welcome change from the Biden Administration’s open-border policy,” Drummond said. “The nation’s porous border under the Biden Administration posed a direct threat to public safety in Oklahoma, so we acted to protect our people. The recent letter from the Justice Department makes clear that our position is correct, and I am encouraged that soon we will be able to enforce HB 4156. This law is critical in our efforts to stamp out the pestilence of illegal marijuana grows and their associated criminal activities.”

Read the full letter citing Trump's proclamation below:

Timeline and Summary of Events Leading to the Pause of HB 4156

Background and Passage of HB 4156

1. Spring 2024: House Bill 4156 was introduced to creates the crime of "impermissible occupation," penalizing unauthorized immigrants and requiring them to leave the state within 72 hours.
2. May 2024: After intense debate, HB 4156 passed the Oklahoma Legislature and was signed into law by Governor Kevin Stitt.

Public and Legal Challenges

1. June 2024: Protests erupted at the Oklahoma Capitol, with critics arguing that the law targets immigrants unfairly and could lead to racial profiling. Protesters demanded a more comprehensive approach to immigration and crime, rather than focusing on punitive measures.
2. June 27, 2024: Just days before the law was set to take effect on July 1, the Biden Administration’s Department of Justice (DOJ) secured a preliminary injunction from a federal judge, halting its enforcement.

Federal Court Proceedings and Arguments

1. July 2024: Oklahoma Attorney General Gentner Drummond appealed the injunction, asserting that the state has the right to address public safety issues tied to illegal immigration and marijuana operations.
2. Summer and Fall 2024: After state lawmakers passed HB4156, commonly known as the immigration law, Gov. Kevin Stitt created a task force to create some policies to accompany the new law. 

What’s Next?

Attorney General Drummond remains optimistic that the recent DOJ letter will strengthen Oklahoma's appeal, paving the way for HB 4156 to take effect.

The case is now under review by the U.S. Court of Appeals for the Tenth Circuit, with implications for the state’s enforcement efforts and the broader debate over immigration reform.