Oklahoma AG fights injunction blocking enforcement of immigration law

The injunction blocking the law from going into effect was handed down by District Judge Bernard M. Jones of the U.S. District Court for the Western District of Oklahoma, who found that the law overstepped state authority. Drummond appealed the injunction to the 10th U.S. Circuit Court of Appeals.

The law was blocked in June, preventing it from going into effect on July 1 as planned. House Bill 4156, which became Oklahoma’s immigration law, criminalizes “impermissible occupation” and is intended to deter illegal immigration to Oklahoma.

In his release announcing the appeal, Drummond said the law is designed to help law enforcement crack down on illegal marijuana farms, which often use migrant workers.

The federal government filed the lawsuit in which the injunction was granted, with federal authorities saying the state law violates the U.S. Constitution’s supremacy clause by trying to make immigration, which is a federal issue, into something under a state’s control.

Article VI, Paragraph 2 of the U.S. Constitution, referred to as the supremacy clause, establishes that the federal constitution and federal law generally take precedence over state laws.

Drummond fired back in a statement announcing the appeal, saying: “The Biden administration’s complete and utter failure to address the border crisis has given Oklahoma no option but to take steps necessary to ensure public safety. House Bill 4156 is a powerful tool to counter criminal activity largely being fueled by illegal immigrants coming to our state.”

Similar legislation passed in Texas and Iowa has also been challenged by the federal government. The Texas legislation has been enjoined and cannot be enforced while the case continues to be litigated. The legislation in Iowa has also been temporarily blocked.

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