Gov. Stitt signs controversial immigration bill, calls for task force on workforce visas, permits

A controversial immigration bill, which passed both houses of the Oklahoma Legislature by a wide margin earlier this year, has been signed into law by Republican Gov. Kevin Stitt.

House Bill 4156, would allow state law enforcement officials to arrest those they determine are in the country without proper legal authority.

“I am disappointed this bill is necessary," Stitt said in a media statement Tuesday.

"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 as well as 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," Stitt said.

The governor said his sole aim was "to protect all four million Oklahomans, regardless of race, ethnicity, or heritage." He said the bill was "not a stop and frisk" type of bill. He said his office would not tolerate prejudice in enforcing the law.

"I love Oklahoma’s Hispanic community and I want to ensure that every law-abiding citizen has the opportunity to pursue the American Dream. Let me be clear – there is no tolerance for racism or discrimination against any community in our state," the governor said. "I want our Hispanic community to rest assured that this law does not give law enforcement the authority to profile individuals or question them about their immigration status without reasonable suspicion of a crime."

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In addition to his signature on the bill, Stitt issued an executive order to create a state task force charged with examining how workforce visas and permits could be processed at the state level.

“Furthermore, this is an opportunity for our state to continue to find solutions where the federal government has failed. That is why I am launching the Oklahoma State Work Permits and Visas (OSWPV) Task Force to find ways to bolster our workforce and create opportunities for those who are here contributing to our communities and economy," Stitt said. "As I’ve said many times, governors should have more authority over the H1-B visa process so we can better address the workforce needs of our economies. This task force will be a step in that direction.”

The bill makes the first offense for being undocumented in Oklahoma a misdemeanor with jail time of up to a year, or a fine of $500, or both. And individual without the proper documentation would have 72 hours from the time given to them to leave the state and will not be allowed back at any point afterward. The second offense would be a felony. The bill would prohibit the ability of the courts or prosecutors to consider probation, delayed or community sentencing, or a future pathway to citizenship.

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The measure puts Oklahoma, Texas and a handful of other states far out on the equivalent of a legal limb. While immigration is, normally, a federal issue, Stitt and other governors have complained the federal government isn't doing the job.

Still, Oklahoma's earlier attempts at immigration legislation were less than successful. House Bill 1804, authored by then-state Rep. Randy Terrill in 2007, eventually had most of its components overturned by a federal judge.

Authored by Senate Pro Tempore Greg Treat and House Speaker Charles McCall, HB 4156 was requested by Attorney General Gentner Drummond. The measure went to the governor's desk on April 14.

The bill expands the attorney general's role in state immigration policy. Drummond said the legislation allows "state law enforcement officers to arrest and incarcerate illegal immigrants as a means of helping combat Oklahoma's numerous illegal marijuana grow operations."

Tuesday afternoon, Drummond issued a media statement applauding Stitt for signing the bill. Drummond said the measure would enhance law enforcement’s ability to combat the state’s many illegal marijuana grow operations, often worked by foreign nationals.

“Oklahoma has reaped the consequences of the Biden Administration’s utter failure to secure our nation’s border, as evidenced by the flood of illegal marijuana grows and other criminal activity connected to Chinese syndicates and Mexican cartels,” Drummond said. “House Bill 4156 gives law enforcement the tools necessary to ensure public safety for all Oklahomans. I am grateful to House Speaker McCall and Senate President Pro Tempore Treat for their swift action in making the bill a reality.”

Subsequent offenses or offenses committed during a crime will be a felony punishable by up to two years in prison and/or a maximum $1,000 fine. As with an initial offense, the individual will have to leave the state within 72 hours following his or her conviction or release from custody, whichever comes later.

Several groups opposed to Oklahoma immigration law

The measure has drawn opposition from several groups, including the Legislature's Latino Caucus. State Rep. Arturo Alonso Sandoval, D-Oklahoma City, said the legislation does not acknowledge current, longstanding undocumented Oklahomans.

“This bill fails to recognize that there are current undocumented Oklahomans who are long-term residents,” Alonso Sandoval said. “Many of these people have been in Oklahoma for decades and have contributed immensely during that time. These people are hard-working individuals who pay millions in taxes to Oklahoma each year. We have serious concerns about the taxpayer cost of enforcement and the risk of increased racial profiling that could put documented citizens living in Oklahoma at risk.”

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Sen. Michael Brooks, a Democrat from Oklahoma City, predicted the new law would have "consequences the governor isn't talking about." He said the measure would negatively affect members of the Latino community.

"I proposed an amendment (to the bill) that would have created a cause of action for any American citizen or legal permanent resident wrongly arrested under this law and that amendment was flatly denied," Brooks said. "As far as having some way to have redress if someone is discriminated against there is in the bill to indicate that that exists."

Brooks said immigrants make up 7% of Oklahoma’s labor force, predominantly working in hard-to-fill jobs in hospitality, agriculture and construction. Without them, Brooks said, Oklahoma’s workforce shortages would be significantly worse.

“I’ve authored legislation the past two years that would empower the state of Oklahoma to succeed where the federal government has failed to address key issues. It included provisions to give access to a state ID or driver license to those individuals who comply with specific requirements, including paying state and federal income tax, verifying their identity with the state, registering their address, and submitting a fingerprint that would be a part of the largest law enforcement database in the United States,” Brooks said. “These are real solutions that would move our state forward economically and address public safety concerns.”

Brooks said the Latino Caucus was working with several local and national partners to "explore the possibility of litigation."

This article originally appeared on Oklahoman: Oklahoma immigration law signed by Governor Kevin Stitt