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Drummond appeals federal halt to Oklahoma's new immigration law

Gentner Drummond became Oklahoma's Attorney General in 2023.
Abi Ruth Martin
/
Oklahoma Legislative Service Bureau
Gentner Drummond became Oklahoma's Attorney General in 2023.

Oklahoma Attorney General Gentner Drummond is appealing the federal halt on a state immigration law criminalizing people’s unlawful presence in the state.

Drummond’s appeal takes the legal battle over Oklahoma’s law criminalizing all unauthorized immigrants in the state to a higher federal appeals court.

The state attorney generalholds firm in his position that Oklahoma can and must protect itself from what he’s saying is an invasion at the southern border.

While the Western District Court of Oklahoma refuted Drummond’s argument in its June decision to haltenforcement of House Bill 4156, the state attorney general hopes the 10th U.S. Circuit Court of Appeals sees things differently.

The Department of Justice and a group of activists and individuals sued the state promptly after Gov. Kevin Stitt signed the measure into law in April. The DOJ officials who filed the challenge said the law preempts federal purview over immigration matters.

A federal judge agreed with the DOJ, pausing the enforcement like judges in Iowa and Texas have.

Whatever the Denver-based appeals court decides, either party — the federal government or the state of Oklahoma — can appeal that decision.

From there, the U.S. Supreme Court can either hear the case or pitch it back to a lower court for further deliberation.


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Lionel Ramos covers state government for a consortium of Oklahoma’s public radio stations. He is a graduate of Texas State University in San Marcos with a degree in English. He has covered race and equity, unemployment, housing, and veterans' issues.
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