Posted on May 22, 2024

DOJ Adds Oklahoma to the List of States It’s Suing to Block Their Immigration Laws

Sean Murphy, Associated Press, May 21, 2024

The U.S. Department of Justice sued Oklahoma on Tuesday seeking to block a law that seeks to impose criminal penalties on those living in the state illegally.

The lawsuit in federal court in Oklahoma City challenges a law that makes it a state crime — punishable by up to two years in prison — to live in Oklahoma without legal immigration status. Similar laws passed in Texas and Iowa already are facing challenges from the Justice Department.

Oklahoma is among several GOP states jockeying to push deeper into immigration enforcement as both Republicans and Democrats seize on the issue. Other bills targeting migrants have been passed this year in Florida, Georgia and Tennessee.

The Justice Department says the Oklahoma statute violates the U.S. Constitution and is asking the court to declare it invalid and bar the state from enforcing it.

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The federal action was expected, as the Department of Justice warned Oklahoma officials last week that the agency would sue unless the state agreed not to enforce the new law.

In response, Oklahoma Attorney General Gentner Drummond called the DOJ’s preemption argument “dubious at best” and said that while the federal government has broad authority over immigration, it does not have “exclusive power” on the subject.

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The law in Oklahoma has prompted several large protests at the state Capitol that included immigrants and their families voicing concern that their loved ones will be racially profiled by police.

“We feel attacked,” said Sam Wargin Grimaldo, an immigration attorney who attended a rally last month wearing a shirt that read, “Young, Latino and Proud.”

“People are afraid to step out of their houses if legislation like this is proposed and then passed,” he said.

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