OK AG: No 'stop and frisk, ask for your papers' when law targeting undocumented immigrants goes into effect
OKLAHOMA CITY (KFOR) — Governor Kevin Stitt signs a bill into law allowing local law enforcement to arrest individuals believed to be committing an “impermissible occupation” in the state of Oklahoma.
A first time conviction would lead to a misdemeanor charge of up to one year in county jail and a $500 fine. Those convicted a second time would face a felony charge of up to two years in county jail and a $1,000 fine.
Both convictions would require the undocumented immigrant to leave the state within 72 hours of being released from custody.
“While the issue of immigration remains largely a federal-level issue, there were things we could do on the state level to secure Oklahoma’s future,” said Rep. Annie Menz (D-Norman). “The Legislature has the resources, the will, and the intelligence to create good and lasting policy, which HB 4156 is not. As a result of this bill becoming law, a lot of good, hard-working people will leave Oklahoma.”
The measure was expedited through the legislative process after Attorney General Gentner Drummond requested the Texas-style law.
Texas Senate Bill 4 looks to prohibit “sanctuary city” policies, which prohibit local law enforcement from inquiring about a person’s immigration status and complying with detainer requests. These policies often also prohibit the sharing of information regarding a person’s immigration status with the federal government.
However, the bill – signed into law in December 2023 – has been stalled in federal court.
A similar proposal quickly passed the House and Senate within the last two weeks, and now the Governor has signed it into law with an effective date of July.
"I am disappointed this bill is necessary. Since President Biden took office in 2021, more than 10 million people have poured over the southern border. Countless individuals from across the globe, including thousands of Chinese nationals as well as people affiliated with terror organizations, have illegally crossed the U.S.-Mexico border. Oklahomans are concerned by who could be lying in wait for an opportunity to bring harm to our country.
My sole aim is to protect all four million Oklahomans, regardless of race, ethnicity, or heritage. I love Oklahoma’s Hispanic community and I want to ensure that every law-abiding citizen has the opportunity to pursue the American Dream. Let me be clear – there is no tolerance for racism or discrimination against any community in our state. I want our Hispanic community to rest assured that this law does not give law enforcement the authority to profile individuals or question them about their immigration status without reasonable suspicion of a crime."
Governor Kevin Stitt
While the new law doesn't explicitly say racial profiling by law enforcement is illegal, Oklahoma's Constitution does outlaw it in Title 22.
"We're getting the word out to all statewide agencies. As I visit with chairs, we're pushing the word to them as well. There is no room in this conversation for racial profiling," said Drummond.
The law now poses the question – Do immigrants now have to carry their documents everywhere they go? Both the Senate President Pro Tempore and Drummond say no.
"[If] that person is in Oklahoma legally, you have absolutely nothing to fear. There's not going to be any of this Gestapo-esque, stop and frisk and ask for your papers," stated Drummond. "If you're here illegally and committing a crime, I advise you to go ahead and move out of Oklahoma right now."
News 4 also asked Drummond about undocumented Oklahoma residents that currently pay taxes. Even without a social security number, undocumented workers can pay taxes using an individual identification number or ITIN.
"The immigrant population of Oklahoma is what makes us robust and strong. The diversity they add, the work ethic and the commitment to their faith and families is a huge additive benefit to the state of Oklahoma. To those who are here illegally and committing crimes: I don't want you in my state. There are sanctuary cities out there that would be happy to have you. We need you out of our state," said Drummond.
Both Senate Pro Tem Greg Treat (R-OKC) and Speaker of the House Charles McCall (R-Atoka) have previously stated they anticipate this law will be challenged in court.
"When laws are challenged, the Attorney General’s Office represents the state through the Solicitor General’s Unit so we don’t foresee any additional tax dollars being spent," said the Senate Pro Tem's Director of Communications, Alex Gerszewski.
The AG's office holds 278 employees. Drummond said, "We already have the manpower to turn back any attack on this law."
In addition to Gov. Stitt signing House Bill 4156 into law Tuesday, he signed an executive order creating the Oklahoma State Work Permits and Visas Task Force.
"This is an opportunity for our state to continue to find solutions where the federal government has failed. That is why I am launching the Oklahoma State Work Permits and Visas (OSWPV) Task Force to find ways to bolster our workforce and create opportunities for those who are here contributing to our communities and economy. As I’ve said many times, governors should have more authority over the H1-B visa process so we can better address the workforce needs of our economies. This task force will be a step in that direction," said Gov. Stitt in a news release.
The Task Force will comprise of 11 members:
- Three community members appointed by the Governor, at least one of whom shall have demonstrated knowledge of the process by which work permits and/or visas may be secured;
- The Speaker of the House of Representatives or his designee
- The President Pro Tempore of the Senate or his designee
- The Commissioner of the Department of Public Safety or his designee
- The Consul of Mexico in Oklahoma City or her designee
- The Executive Director of the Oklahoma Employment Security Commission or his designee
- The Executive Director of the Oklahoma Tax Commission or his designee
- The Chancellor for the Oklahoma State System of Higher Education or her designee
- An appointee of the District Attorneys Council
“Over the past two weeks, many Oklahomans have felt anxious about HB 4156,” said Senator Michael Brooks, (D-Oklahoma City). “Our caucus has done our best to quell fear and address questions at various town hall meetings from Oklahoma City to Tulsa. It has been abundantly clear that folks across the state understand what is at stake — profound loss of revenue and workforce, strain on law enforcement, and expensive legal challenges. We have said from the very beginning that there are common sense policy solutions that we should be discussing, and I am disappointed that the governor chose not to revisit that conversation.”
“In addition to issuing public statements and speaking at town halls, I was glad to write a letter to the governor, and I am very grateful to everyone else who did. Thousands of Oklahomans poured out their hearts in emails, phone calls, letters and in person, urging for a better policy solution. This is an opportunity that has been missed.”
Representative Arturo Alonso-Sandoval (D-Oklahoma City)