In a dramatic escalation of the battle over immigration policy, the Biden administration’s Department of Justice (DOJ) is threatening to sue the state of Oklahoma over a new law that would criminalize illegal immigration at the state level. The confrontation serves as a stark reminder of the urgent human and political drama that continues to unfold along the United States’ southern border, as record numbers of illegal migrants have been pouring into the country since Joe Biden took office.
On the front lines of this legal skirmish stands Oklahoma Governor Kevin Stitt, who recently signed a bill into law that empowers law enforcement agents to arrest suspected illegal immigrants for committing “impermissible occupation” in Oklahoma. The legislation establishes varying penalties for first and second-time convictions, but both outcomes mandate the offending migrants to leave the state within 72 hours of release from custody.
The DOJ, however, argues that the law is unconstitutional. In a letter to Governor Stitt, DOJ Principal Deputy Assistant Attorney Brian Boynton declares that the United States “intends to file suit to enjoin the enforcement of HB 4156 unless Oklahoma agrees to refrain from enforcing the law.” Furthermore, Boynton asserts that the federal government’s commitment to handling noncitizens in accordance with the Immigration and Nationality Act (INA) makes HB 4156 contrary to established goals.
Oklahoma Attorney General Gentner Drummond strikes back, maintaining in his own statement that Oklahoma has “a sovereign right to defend its people” and a legal obligation “to protect our citizens.” Drummond accuses the Biden administration of abdicating control of the border and calls attention to the fact that Oklahoma is only one of several states grappling with the unprecedented crisis along the southern boundary.
The DOJ recently issued a similar threat to Iowa, which responded by passing a law that designates illegal reentry into the state as an aggravated misdemeanor. Iowa’s move effectively allows the state to arrest illegal immigrants—prompting Governor Kim Reynolds to observe that “those who come into our country illegally have broken the law, yet Biden refuses to deport them.”
In Texas, where state officials have been authorized to detain and charge illegal immigrants, the federal government has locked horns in legal battles over legislation. Tensions soared when Texas authorities took control of Shelby Park in Eagle Pass and claimed the federal government was allowing illegal migrants to enter the country through this national park. Meanwhile, Georgia enacted legislation that requires jails to check inmates’ citizenship status, a move inspired by the tragic murder of 22-year-old Laken Riley at the hands of an illegal immigrant from Venezuela.
As the Biden administration threatens lawsuits against states that seek to counter illegal immigration, the president faces an unchecked immigration crisis. With over 9.5 million nationwide encounters and an estimated 1.7 million illegal immigrant gotaways since Biden assumed office, voters are growing increasingly alarmed. Indeed, recent polls indicate that only 20 percent of voters believe the US has control over its borders and a mere 36 percent approve of the president’s handling of the situation.
In conclusion, the unfolding legal clash between the Biden administration and states like Oklahoma, Iowa, Texas, and Georgia signals the enduring political and humanitarian crisis at the United States’ southern border. While states struggle to protect citizens and address the influx of illegal immigration, the Biden administration faces an increasingly untenable position with voters, raising the stakes even higher as the nation prepares for critical election year contests. The outcome of these legal battles will determine the course of America’s immigration policy and with it, the very fabric of our national identity.
