Federal judge temporarily stops Oklahoma from enforcing new anti-immigration law

Marilyn McCulloch and Emily Bickers, both of Tulsa, stand with a group of protesters during a rally against the detention of immigrant families outside the David L. Moss Criminal Justice Center, Saturday, June 30, 2018, in Tulsa, Okla. The Senate gave final approval to a bill that would make illegal immigration a crime on Tuesday, April 24, 2024. (Ian Maule/Tulsa World via AP, file)

OKLAHOMA CITY (AP) — A federal judge on Friday granted a request to temporarily halt Oklahoma’s enforcement of a new anti-immigration law that would make it a crime to live in the state without lawful immigration status.

U.S. District Judge Bernard M. Jones issued a preliminary injunction requested by the U.S. Justice Department to take effect while its lawsuit challenging it is pending. The law would go into effect Monday.

The lawsuit, filed in federal court in Oklahoma City, challenges the measure, which makes it a state crime — punishable by up to two years in prison — to live in Oklahoma without legal immigration status. Similar laws passed in Texas and Iowa also face challenges from the Justice Department.

The Justice Department argues that the Oklahoma statute violates the U.S. Constitution and is asking the court to declare it invalid and enjoin the state from enforcing it.

In Friday’s order, the judge said Oklahoma “may feel understandable frustration over the problems caused by illegal immigration” but “the state cannot pursue policies that undermine federal law.”

Oklahoma Attorney General Gentner Drummond said the ruling was disappointing and said the law was necessary because the Biden administration has failed to secure the country’s borders.

“We intend to appeal today’s decision and defend one of the most effective tools we have,” Drummond said.

Noor Zafar, a staff attorney with the American Civil Liberties Union’s Immigrant Rights Project, called the law harmful and said in a statement that it threatens to tear apart families and communities in Oklahoma.

“The court was right to block it,” Zafar said. “This ruling is a victory.”