Oklahoma already has laws to deal with criminals. New bill could harm immigrant communities more

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We often hear how Oklahoma is proud of its immigrant communities. Much of that pride is triggered by undocumented immigrants who already live and work here, contributing to this state’s cultural and economic diversity.

Some 68,869 undocumented immigrants, according to 2021 data from the American Immigration Council, contribute to the $5.5 billion that immigrants spend in the state. They are laborers who do the tedious, sometimes unappealing work many Oklahomans won't do. But some also are entrepreneurial business owners. Many have lived here long enough to raise families, have kids who have graduated from college and are part of the professional workforce. They are people who pay millions in taxes that help support public programs from which they neither receive nor seek any benefit.

Most are not criminals. Yet, a bill awaiting Gov. Kevin Stitt’s signature will criminalize hardworking people whose only crime is that they have not yet obtained legal documents to live openly in a free society.

House Bill 4156 authorizes law enforcement officers to arrest and deport undocumented immigrants; they will be charged with a misdemeanor and could be jailed for up to a year and/or fined up to $500. The punishments double for repeat offenders.

Aimed at rooting out “bad actors” involved in illegal marijuana grow operations and organized crime who end up in Oklahoma via the southern border, it is concerning that this legislation — which mimics similar laws in Texas and Florida — could harm immigrant communities. It could separate families, ruin businesses and create a cycle of mistrust about reporting crimes to law enforcement when someone is in vulnerable, abusive situations.

More: There are three questions Oklahomans should ask legislators about the new anti-immigration bill.

Everyone is concerned about the millions showing up at the southern border, but HB 4156 is an anti-immigrant law that does nothing for border security. Instead, it perpetuates the demonizing of undocumented immigrants for political points and fuels fear and unease in many immigrant communities.

Oklahoma already has laws that deal with criminal intent and activities. Instead of a broad law with potential to traumatize entire communities, a more robust effort for cooperation between local, state and federal authorities to thwart criminal activity identified in the bill would be more effective.

State Republican lawmakers and the Attorney General Gentner Drummond had plenty opportunity to bolster efforts to secure the nation's southern border. They could have thrown their support behind Sen. James Lankford for his work on the failed bipartisan border bill to address the surge of immigrants. No one attempted to galvanize support for Lankford’s monthslong effort, for which he was censured. But Drummond joined 21 other attorneys general who are challenging a federal lawsuit to block the Texas bill HB 4156 is fashioned after.

Lawmakers and Drummond say they trust “law enforcement will not abuse this enforcement right by wrongfully targeting members of our community.”

Really? Can there then be a more definite guarantee in the language of the bill? The estimated 218,000 legal immigrants here may not be so trusting. Immigrant profiling is bound to rear its head, and both law-abiding documented and undocumented immigrants will be caught in this dragnet law.

How many people carry at all times their passport or other document that proves citizenship? What will happen when a longtime documented resident, who may only be carrying their state driver’s license, is stopped for speeding on I-35 and, because they speak with a foreign accent, and an officer decides probable cause, is hauled off to jail because they couldn’t prove residency? Imagine a naturalized citizen also with a foreign accent in that situation.

More: We're 'pawns and tokens in this political system,’ say critics of immigration bill

For certain, we need to keep criminal activity out of Oklahoma but, as written, HB 4156 offers no protections for good, productive and usually faith-filled people seeking a better way of life for their families and who are impacting Oklahoma in positive ways. We urge Gov. Stitt to not sign this bill. Send it back to the chambers and work with immigration attorneys to include language that will not be harmful to immigrant communities.

Clytie Bunyan is managing editor for opinion and community engagement.

This article originally appeared on Oklahoman: HB 4156 in Oklahoma won't stop criminals. It will just harm migrants