A new Oklahoma immigration law that establishes fines and jail time for migrants in the state without legal authorization is the subject of the latest Department of Justice (DOJ) lawsuit. Oklahoma joins Texas and Iowa who have similar state immigration laws under proposal. The lawsuits remain active, with laws on hold pending resolution. The Oklahoma state immigration law is scheduled to go into effect on July 1, 2024.

The DOJ states the Oklahoma law violates the Constitution, which places immigration and border control under federal government jurisdiction. Further the DOJ claims the Oklahoma law is not legal due to their efforts to regulate the international movement of individuals. Oklahoma House Bill 4156 gives law enforcement agencies the power to arrest and jail individuals who are found in the state without a legal basis. The law further states Oklahoma will protect the state’s citizens, and that immigrants without a legal basis pose a potential harm to legal residents.

Under the proposed Oklahoma law, the first conviction results in a misdemeanor with punishment of up to a year in county jail and a $500 fine. An additional conviction is considered a felony, punishable by up to two years in county jail and a $1,000 fine. Following release from jail, the individual is given three days to leave Oklahoma.

As always, ILBSG actively monitors and reports on immigration news. If you have questions about any U.S. immigration related issue, contact us. Our team of attorneys work with our clients to ensure they get the right advice.