Republicans in Oklahoma House pass bill to allow state arrest of undocumented migrants
With Attorney General Gentner Drummond cheering from the sidelines, the Oklahoma House of Representatives passed a bill Thursday it said would protect state residents from the illegal immigration crisis by giving state law enforcement authorities the power to arrest and jail people without proper documentation.
Both Drummond and House Speaker Charles McCall, R-Atoka, used the occasion to heap criticism on the Biden administration for its "failure to secure the border," while House Democratic leader Cyndi Munson, of Oklahoma City, said the measure was "a political tactic meant to promote the GOP during an election year."
All 20 Democrats in the House voted against the bill on Thursday, but 77 of the 81 Republican members voted, as Rep. Jon Echols, of Oklahoma City, put it, "to signal to those in our country illegally that they should choose another state to migrate to."
The bill creates the crime of "impermissible occupation," that is, entering Oklahoma "willfully and without permission ... without having first obtained legal authorization to enter the United States."
Republican Senate President Pro Tempore Greg Treat already has expressed support for the bill, as has Republican Gov. Kevin Stitt.
Senate approval of the bill is required before it can go to the governor to be signed into law. Because the measure is being carried by legislative leaders, it bypasses the normal legislative deadlines.
Critics say the bill 'promotes racial profiling, which puts every Oklahoman at risk'
Rep. Arturo Alonzo-Sandoval, D-Oklahoma City, noted that the legislation, if passed, would have a serious impact on undocumented immigrants who have been in Oklahoma for years.
"These are people who have been here for decades and contributed millions in tax dollars," he said, adding that the measure "promotes racial profiling, which puts every Oklahoman at risk."
Rep. Annie Menz, D-Norman, argued that such a law would put a strain on law enforcement officers "compelled" to enforce to enforce it.
But Drummond, who had requested the legislation, said the new law would assist his efforts to "eliminate Oklahoma's numerous illegal marijuana grows often run by foreign nationals."
More: Oklahoma's GOP lawmakers are calling for a state immigration policy similar to Texas
Speaker McCall said, "the failed policies of the Biden administration have turned every state into a border state. Oklahoma should be the last place illegal immigrants want to settle when they cross over the border."
He said the Oklahoma proposal was modeled on legislation adopted in Texas in 2023 allowing Texas law enforcement officials to arrest and deport migrants who came to the state illegally.
The Texas law has been put on hold while it is being challenged in federal court.
A law passed in Oklahoma in 2007 with several provisions to deter illegal immigration also has been mostly stuck down by federal courts. A requirement under that law that state contractors participate in the government's E-Verify program remains in effect.
The proposal passing the House on Thursday would make "impermissible occupation" as a first offense a misdemeanor punishable by a year in county jail and/or a maximum $500 fine. Subsequent arrests would be felonies punishable by up to two years in prison and/or a maximum $1,000 fine. In both cases, offenders would be required to leave the state within 72 hours of their conviction or release from custody, whichever comes later.
"Those who want to work through the process of coming to our country legally are more than welcome to come to Oklahoma; we would love to have them here," McCall said in a statement after the vote. "Those who jump the line and skip the process, cheapen the value of the work put in by those who went through the full legal process ... We will not reward that behavior in Oklahoma and we will protect our state borders."
This article originally appeared on Oklahoman: Oklahoma Republicans pass bill to allow arrest of undocumented migrants
