The U.S. Department of Justice (DOJ) has taken legal action against Oklahoma regarding its latest immigration legislation, sparking a contentious battle over state versus federal authority.
The DOJ filed a lawsuit against Oklahoma following the state’s enactment of HB 4156, which grants Oklahoma the authority to address illegal immigration. Despite warnings from the DOJ, Oklahoma proceeded with the implementation of the bill, slated to take effect in July.
Constitutional Clash
The lawsuit, filed on Tuesday, challenges HB 4156 on constitutional grounds, asserting that it violates the Supremacy Clause and the Foreign Commerce Clause of the U.S. Constitution. These clauses reserve the regulation of immigration exclusively to the federal government, rendering state-level attempts to intervene unconstitutional.
Principal Deputy Assistant Attorney General Brian M. Boynton emphasized the importance of adhering to constitutional principles, stating, Oklahoma cannot disregard the U.S. Constitution and settled Supreme Court precedent.
Oklahoma’s Defense
In response to the DOJ’s legal action, Oklahoma Attorney General Gentner Drummond staunchly defended the state’s legislation, arguing that Oklahoma has both the right and the obligation to safeguard its borders and citizens. Drummond contends that the federal government’s authority over immigration is not absolute and that states possess concurrent powers in addressing immigration-related matters.
Asserting Oklahoma’s prerogative to protect its borders, Drummond rebuffed the DOJ’s warnings, stating, Oklahoma is cleaning up the Biden Administration’s mess through entirely legal means in its own backyard – and will resolutely continue to do so.
Law Enforcement Concerns
While Oklahoma law enforcement agencies have expressed concerns about potential racial profiling resulting from the new legislation, Drummond characterizes HB 4156 as a potent instrument in combating what he perceives as a border crisis exacerbated by the Biden Administration.
Drummond maintains that the law provides essential tools for addressing criminal activities associated with illegal immigration, including drug trafficking, human trafficking, and other serious offenses.
Conclusion: Ensuing Legal Battle
As legal proceedings unfold, the clash between state and federal authority over immigration policy intensifies, with significant implications for both Oklahoma and the broader national landscape. The outcome of this legal confrontation will shape the boundaries of state autonomy in addressing immigration-related issues, setting precedent for similar disputes across the country.
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