The Trump administration's Department of Justice has dropped its federal lawsuit against Oklahoma over the new state crime 'impermissible occupation,' established by last year’s House Bill 4156. The move opens the door for broad state-level immigration enforcement.
The Department of Justice dropped its immigration lawsuit against Oklahoma officially Monday, after it submitted a letter to the court explaining reconsideration of the challenge under the new presidency weeks before.
Voluntary dismissal of the court case 'dissolves the preliminary injunction' ordered by a federal district court judge and appealed by Oklahoma in July, according to filings in the U.S. 10th Circuit Court of Appeals.
In other words, impermissible occupation, the state crime of being in the country without legal immigration status, is now fully enforceable.
House Bill 1362, which would amp up the crime’s punishment to an automatic felony punishable by deportation or jail time, has traction in the legislature.
Oklahoma Attorney General Gentner Drummond said in a March 14 press release the development “marks the start of a new day for public safety” in Oklahoma. He says catching human and drug traffickers will be easier now.
“As we had hoped and anticipated, President Trump and the DOJ have taken action that will enable Oklahoma law enforcement to crack down on the illegal marijuana operations that have infested our state,” Drummond said.
The Justice Department first indicated it might drop the case weeks after President Trump’s election, in light of an executive proclamation he signed, “Guaranteeing The State’s Protection Against Invasion,” on his first day in office.
The state law and Gov. Kevin Stitt's move to directly contract state law enforcement agencies with federal immigration authorities through Operation Guardian creates an effective state-level immigration enforcement system without encroaching on federal authority.
Republicans say it also casts the widest possible net for who could be considered a “criminal” for the purposes of immigration.
Public Safety Commissioner Tim Tipton is spearheading Operation Guardian. The mission targets illicit drug and human trafficking operations, Tipton said at a press conference last month.
But he didn’t rule the crime of driving without a license - a misdemeanor under Oklahoma statute — as being cause for arrest and investigation of someone’s citizenship and deportation if necessary.
”If somebody violates the law and comes into contact with law enforcement, they don't have an Oklahoma driver's license. We do need to identify that person,” Tipton said.
House Bill 1362 by Stillwell Republican David Hardin simplifies the whole process by making someone arrested while in the country without status an automatic felon.
“Everybody is welcome into this country as long as they’re legal, that’s the end of the story,” Hardin said. “So all this bill does is it gives us a mechanism to align with the Trump administration.”
It passed with a 73-16 party-line vote and now heads to the Senate.
Regarding the lawsuit, Padres Unidos de Tulsa — one of the original plaintiffs in a separate legal action that was merged with the Justice Department’s — can relitigate if they choose to, per the court filings.
