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FACT BRIEF

Is the Department of Justice suing Oklahoma’s immigration law for unconstitutionality?

By Sue Bin Park
View this fact brief on Oklahoma Watch
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YES

On May 21, 2024, the U.S. Department of Justice filed a lawsuit against Oklahoma, alleging that House Bill 4156 violates the federal government’s sole jurisdiction over immigration and border control. Additionally, the DOJ maintains that the law violates a constitutional clause limiting states’ control of international travel.

HB 4156, set to go into effect July 1, 2024, would make it possible to charge undocumented noncitizens in Oklahoma with a misdemeanor or felony punishable by imprisonment and/or fine. Upon release, the individual would be given 72 hours to leave the state.

Similar state immigration bills have faced lawsuits, such as Texas’s Senate Bill 4, which remains suspended for further consideration after opposing rulings from the U.S. Court of Appeals and the Supreme Court in March 2024. Oklahoma Attorney General Drummond released a statement March 26, 2024, expressing support for Texas and interest in enacting a similar Oklahoma law.

This fact brief is responsive to conversations such as this one.
Sources
US Department of Justice Complaint Against Oklahoma’s House Bill 4156
Office of Public Affairs - U.S. Department of Justice Justice Department Files Lawsuit Against the State of Texas Regarding Unconstitutional SB 4 Immigration Law
The Oklahoman Why Oklahoma is joining lawsuit to support Texas law to arrest, deport illegal immigrants | AG
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Oklahoma Watch is a nonprofit, tax-exempt, 501(c)(3) corporation that produces in-depth and investigative journalism as a public service for the benefit of all Oklahomans. Through investigative, fact-driven journalism, we dig deep and examine significant issues facing our state. Our work engages all Oklahomans, amplifies the discussion of important issues and leads to change. We help develop the journalists and journalism of the future.
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Fact briefs are short, credibly sourced summaries that offer “yes/no” answers in response to claims found online. They rely on publicly available, often primary source data and documents. Fact briefs are created by contributors to Gigafact —a nonprofit project looking to expand participation in fact-checking and protect the democratic process. See all fact briefs here.