'A hateful policy.' Oklahoma immigration law criticized as groups plan legal action

Reaction was swift after Gov. Kevin Stitt signed a bill authorizing state law enforcement officials to arrest people guilty of "impermissible occupation," those in Oklahoma without any legal authorization to enter the United States.

Opponents of the new law, which goes into effect July 1, said they would go to court to stop the measure, saying that it encourages racial profiling and attacks residents contributing millions in tax dollars to the state each year.

House Bill 4156, which passed through the heavily Republican Legislature with broad support, was signed by the governor, also a Republican, on Tuesday.

Stitt said the measure was necessary for public safety.

"Oklahomans are concerned by who could be lying in wait for an opportunity to bring harm to our country," he said in announcing approval of the bill.

Under HB 4156, a person charged with violation of the law could face a year in jail and a fine of up to $500 on their first offense. That person also would be required to leave the state within 72 hours of being released from custody. A second offense could result in a felony conviction that carries a punishment of up to two years in prison and fines of up to $1,000.

More: Oklahoma immigration bill: What does HB 4156 say? Does it promote racial profiling?

At the same time he signed the bill, Stitt announced the creation of the Oklahoma State Work Permits and Visas Task Force, which he said was tasked with finding ways to bolster Oklahoma's workforce and create opportunities for those who are here contributing to communities and the economy.

"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 governor said.

'It's gonna have consequence the governor isn't talking about'

State Sen. Michael Brooks, a Democrat from Oklahoma City, said the bill was a bad idea and targets hardworking residents of the state. Brooks said he had previously authored legislation that would allow undocumented workers who could provide proof they were paying taxes in the state to receive a state identification card. He said that legislation never made it out of committee.

"It's gonna have consequences the governor isn't talking about," Brooks said. "This bill doesn't discriminate based on where the immigrant is from. It will affect people from the Latino community."

Brooks said there is no provision in the bill to protect individuals who are wrongly charged. He said the Legislature's Latino Caucus was currently looking for partners to join them in a lawsuit against the bill and predicted the measure would have a negative economic impact in Oklahoma.

Opinion: Kids shouldn't have to worry about losing parents to 'ill-advised' immigration legislation

"This has happened in other states," Brooks said. "It happened previously in Alabama. In Alabama the impact to their gross domestic product turned out to be somewhere between $3 and $12 billion dollars and their undocumented population was similar to what we have now."

House Democratic Leader Cyndi Munson, D-Oklahoma City, said the new law was unconstitutional and an example of political pandering.

"This legislation is dangerous and scary, and I am saddened to see the governor overlook the many — progressive, conservative and religious — voices in opposition of this bill. Not to mention the voices of people who would be directly impacted," Munson said.

She added: "This legislation is all about partisan politics in an election year, not about solving real problems for Oklahomans. Border security is the responsibility of the federal government. This bill is hateful policy that does nothing to protect Oklahomans or bolster our workforce — simply put, it is politics at its worst."

Oklahoma law similar to Texas law that has faced legal challenges

Oklahoma's new law is similar to one passed in Texas, which was challenged in January by the U.S. Justice Department.

“SB 4 is clearly unconstitutional,” said Associate Attorney General Vanita Gupta. “Under the Supremacy Clause of the Constitution and longstanding Supreme Court precedent, states cannot adopt immigration laws that interfere with the framework enacted by Congress. The Justice Department will continue to fulfill its responsibility to uphold the Constitution and enforce federal law.”

The state of Texas cannot disregard the United States Constitution and settled Supreme Court precedent, Principal Deputy Assistant Attorney General Brian M. Boynton said. “We have brought this action to ensure that Texas adheres to the framework adopted by Congress and the Constitution for regulation of immigration.”

Editorial: Oklahoma already has laws to deal with criminals. New bill could harm immigrant communities more

On Wednesday, local law enforcement agencies said they would need to meet with legal counsel to discuss the new law’s ramifications on their operations.

“At this time there is no plan in place to change the way we operate,” Master Sgt. Gary Knight told The Oklahoman. “We don’t check immigration status. We will sit down with our legal department and see what our legal requirements are. We’ll obviously meet with some of the leaders of the Hispanic community and talk with them.”

Knight said law enforcement officials were concerned that with passage of the legislation some community members or crime victims might not come forward to report crimes they’ve witnessed or were harmed by.

“We don’t want to put any member of our community in fear of calling the police because of something like immigration status,” he said.

Similarly, the Oklahoma County sheriff’s office doesn’t check for immigration status, spokesman Aaron Brilbeck said. Brilbeck said the sheriff’s office also will need to meet with its legal team to “discuss how to move forward” under the new law.

Oklahoma religious groups voice opposition to HB 4156

The leaders of several state religious groups said they, too, are opposed to the Oklahoma law.

"Unfortunately, some of the initiatives passed Tuesday by Oklahoma lawmakers fail to consider the humanity of the men, women and families immigrating to the United States," Archbishop Paul Coakley, the leader of the Oklahoma Catholic Church, said in a media statement.

"The immigration legislation — House Bill 4156 ― is deeply flawed," Coakley said.

He added that the bill, "harms communities, separates families and weakens our economy. It fails to address the real criminal issues we face in Oklahoma ― seeking a misguided sense of justice at the expense of mercy."

Coakley said illegal immigration was wrong and "measures should be considered to protect Oklahoma’s borders, most especially against the influx of human and drug trafficking."

More: Group of Oklahoman faith leaders speak out against immigration bill

The archbishop said state officials must recognize that the vast majority of undocumented immigrants in Oklahoma are upstanding members of our communities and churches, not violent criminals.

"They assist their communities in many ways and provide needed services. They are our friends and neighbors. They happen to be some of the most vulnerable in our midst," Coakley said. "For these families, the proposed bill will only cause fear and trauma. There is a better way."

In addition to Coakley, 22 other religious leaders delivered a letter to Senate Pro Tempore Greg Treat and Stitt, saying the bill was unnecessary and punishes residents.

“Oklahoma organizations are already planning to challenge the legislation in the courts, should it be passed,” stated the Rev. Lori Walke, senior minister at Mayflower Congregational United Church of Christ. “Chances are good that it would be struck down. Is this what our state should be doing with hard-earned tax dollars?”

Tim Luschen, a pastor at St. Charles Borromeo Catholic Church, said a majority of undocumented immigrants were contributing members to neighborhoods, schools, churches and businesses.

“This bill is not what Oklahomans need," Luschen said. "We urge legislators to find a better way to address crime, one that reflects the Oklahoma Standard we so often speak of."

This article originally appeared on Oklahoman: New immigration law 2024 in Oklahoma likely to face legal challenges