Feds sue Oklahoma over new immigration law, calling it constitutional violation

The U.S Justice Department followed through Tuesday on its threat to sue Oklahoma over its new immigration law, saying it was a violation of the U.S. Constitution.

“Oklahoma cannot disregard the U.S. Constitution and settled Supreme Court precedent,” Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division said in a statement announcing the lawsuit. “We have brought this action to ensure that Oklahoma adheres to the Constitution and the framework adopted by Congress for regulation of immigration."

The Justice Department had signaled its intention to file the lawsuit in a letter to state officials.

Oklahoma Latino legislators have also said they plan to sue to stop enforcement of the new law.

"House Bill 4156 is preempted by federal law and violates the United States Constitution. Indeed, the Oklahoma law is similar to Texas’s Senate Bill 4, which has been preliminarily enjoined," Boyton wrote in a May 15 warning letter to Republican Gov. Kevin Stitt. "The United States intends to file suit to enjoin the enforcement of HB 4156 unless Oklahoma agrees to refrain from enforcing the law. The United States is committed to the processing of noncitizens consistent with the Immigration and Nationality Act. HB 4156 is contrary to that goal."

Under the Constitution, the federal government has the authority to regulate immigration and manage the country's international borders. Pursuant to this authority, Boyton said, Congress has established a comprehensive immigration framework governing noncitizens’ entry, reentry and presence.

Because HB 4156 is preempted by federal law and violates the U.S. Constitution, Boyton said the Justice Department seeks a declaration that HB 4156 is invalid and an order preventing the state from enforcing the law.

Oklahoma Attorney General Gentner Drummond calls initial letter disingenuous

The lawsuit drew a terse reaction by Oklahoma Attorney General Gentner Drummond.

"I'm writing in response to your disingenuous letter of May 15," Drummond wrote in a May 17 letter, "where you falsely assert that the Biden Administration is 'committed to the processing of noncitizens consistent with the Immigration and Nationality Act."

Drummond said his office and "the millions of law-abiding Oklahomans will not accept lectures or threats about immigration from this failed Administration."

Oklahoma, the attorney general wrote, grapples daily with startling and significant economic, health and public safety issues because of an unprecedented immigration influx.

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"In short, Oklahoma has moved to protect its sovereignty," Drummond wrote. "Not in contriduction of federal law but in complete compliance with it."

Echoing Drummond, Stitt said, "the Biden Administration refuses to do its job to secure our borders."

"Not only that, but they stand in the way of states trying to protect their citizens. Had the Biden administration set aside politics and done their job, HB4156 wouldn’t have been necessary," the governor said in a statement to The Oklahoman. "As governor, I will continue to do what is necessary to protect all four million Oklahomans.”

House Speaker Charles McCall, R-Atoka, said he found it laughable that in the Administration's letter to Gov. Stitt and Attorney General Drummond, the justice department claimed Oklahoma was interfering with the function of the federal government on immigration issues.

"There has been nothing but disfunction at the federal level since President Biden took office," McCall said. "House Bill 4156 was a carefully crafted, well-thought-out piece of legislation designed to acknowledge the role of the federal government in immigration matters, while at the same time protect the sovereignty and security of our state's borders. I fully support the defense of this law by our state's attorney general, and look forward to seeing it upheld in court."

Senate Pro Tempore Greg Treat's office declined to comment.

Oklahoma Latino community protests immigration law

Latino community members have rallied at the state Capitol in protest of the new law.

State Sen. Michael Brooks and Rep. Arturo Alonso-Sandoval, both Democrats with districts in Oklahoma City, said they expected another lawsuit to be filed against the new law before it takes effect on July 1.

Alonso-Sandoval said he agreed that the Oklahoma law is unconstitutional because it supersedes the federal government. He also pointed to the law’s vague language, questioning how it would be enforced.

Some law enforcement officials in Oklahoma have also expressed concern about enforcing the law in a fair and reasonable way.

Opinion: Oklahoma Republicans passed a law that police chiefs don't want to enforce

Oklahoma City Police Chief Wade Gourley said his department does not check immigration status and to do so for every person would be a huge burden. He said the department has spent years building relationships by attending community meetings, events, festivals and visiting schools, and the law could negatively impact those connections, setting them back at square one.

A joint statement by the Oklahoma Association of Chiefs of Police and Metro Law Enforcement Agency Leaders released last week said the law conflicts with many existing directives over law enforcement practices.

This article originally appeared on Oklahoman: US Department of Justice files suit over Oklahoma immigration law