Judge blocks Oklahoma from enacting law that could jail undocumented immigrants

A federal judge has temporarily halted the passage of an Oklahoma law that would impose prison sentences on people in the state without legal immigration status. The law will not enter into force next Monday.

Specifically, U.S. District Judge Bernard M. Jones issued a preliminary injunction at the request of the Department of Justice. The measure will remain paralyzed while the Justice Department’s lawsuit works its way through court.

The law is one of many implemented by Republican-led states seeking to crack down on illegal immigration. In this case, staying in the state without documents is a crime punishable by up to two years in prison. The Department of Justice challenged them in courts, including: as a result of initiatives by the states of Iowa and Texas.

In his ruling, Judge Jones stated that although the state “may feel understandable frustration with the problems caused by illegal immigration,” “the state cannot pursue policies that undermine federal law.”

This argument has been at the heart of all lawsuits challenging such measures, as states argue that the federal government is not doing enough to stem the flow of illegal immigration and that states must take matters into their own hands.

States such as Texas, Georgia and Louisiana signed similar legislation to HB 4156 in Oklahoma. Their goal is to reduce the number of illegal immigrants in their state amid the ongoing, unprecedented influx of migrants across the southern border.

The most famous bill is SB4 in Texas, allowing state police to arrest and deport illegal immigrants into the territory. Its implementation is currently suspended by the Court of Appeal.

For his part, Oklahoma Governor Kevin Stitt stated that the bill was therefore necessary. “Moreover, they stand in the way of states trying to protect their citizens,” Stitt said in a statement.

Oklahoma Attorney General Gentner Drummond called the ruling disappointing and said he intends to appeal it “and defend one of the most powerful tools we have.”

Challenging the law, the Justice Department said Oklahoma was violating the U.S. Constitution and was asking the court to prevent the state from enforcing the law. “Oklahoma cannot disregard the United States Constitution and established Supreme Court precedent,” Principal Deputy U.S. Attorney Brian M. Boynton, head of the Justice Department’s Civil Division, said in a statement.