The State of Oklahoma is challenging a district court ruling that extended the U.S. Supreme Court finding that blocks state immigration laws. Oklahoma claims that not all state immigration efforts are subject to the Court ruling. The Oklahoma immigration law makes it illegal for unauthorized immigrants to be present in the state.

The Supreme Court’s 2012 decision in Arizona v United States blocked Arizona’s law requiring individuals to provide documentation as to their legal status. The Biden administration, in their challenge to the Oklahoma bill, cited the Courts findings in that case. However, Oklahoma claims that only one aspect of the Arizona law limited its implementation and that Oklahoma’s proposed law does not include that aspect. The Arizona law included a requirement that noncitizens register with the state. Oklahoma’s law makes it illegal for individuals to reside in the state if they entered or reentered the U.S. without a legal basis. No registration component exists.

In the June decision from a U.S. District Judge, the Arizona decision was heavily referenced when approving the Biden request to freeze the Oklahoma law. In a Supreme Court 2020 consideration of Kansas v. Garcia, the justices upheld Kansas laws for noncitizens convicted of using stolen social security numbers on employment-related forms. In that matter, the Court found that Kansas laws were not limited by the Immigration Reform and Control Act. Oklahoma claims their state law is supported by the Court’s 2020 ruling.

As always, ILBSG actively monitors ongoing efforts that may affect U.S. immigration. If you have questions about how state laws may affect you or any other U.S. immigration issue, contact us. Our team of experienced attorneys work directly with clients, keeping them informed throughout the process, to ensure they get the right advice.

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