US Oklahoma Attorney General Gentner Drummond submitted an appeal to the US Tenth Circuit Court of Appeals on Wednesday, challenging a recent court order that enacted a preliminary injunction. This injunction halts the enactment of the controversial state immigration legislation, House Bill 4156.
The preliminary injunction issued last month prevents Oklahoma from enforcing HB 4156. The Attorney General’s appeal aims to overturn this injunction and enable the state to implement the bill as originally intended.
In an official statement, Drummond emphasized the bill’s role in countering criminal activity allegedly driven by illegal immigration. Critics, however, argue that the bill fosters racial profiling.
House Bill 4156 was passed on April 18, 2024, with a vote of 77-20, and was signed into law by Governor Kevin Stitt on April 30. Set to take effect on July 1, 2024, the bill seeks to criminalize individuals who enter and remain in Oklahoma without legal authorization and grants authority to state and local law enforcement officials to inquire about immigration status and arrest individuals suspected of being illegally present.
Additionally, HB 4156 mandates the collection and cross-referencing of identifying information of those arrested under the bill with criminal databases managed by the Oklahoma State Bureau of Investigation.
The preliminary injunction came after a lawsuit by the federal government and a second legal challenge by an individual and advocacy organization. The Federal Court’s decision, dated June 28, 2024, highlighted concerns regarding potential violations of the Fourth Amendment and the US Constitution’s supremacy clause, which dictates federal law precedence over state law in immigration matters.
Oklahoma’s approach mirrors legislation implemented by Texas, which has also faced juridical scrutiny. The Texas law, signed into effect in December 2023, is part of a larger trend, including recent laws in Iowa, all of which have faced legal challenges from civil rights groups such as the ACLU.