Texas-style immigration measure heads to Oklahoma’s governor

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OKLAHOMA CITY – A measure that would criminalize undocumented immigration in Oklahoma is on the desk of Gov. Kevin Stitt, who is expected to sign the measure in the coming days.

House Bill 4156, which would create criminal charges against illegal immigrants apprehended in the state by establishing the crime of “unauthorized occupation,” passed the Senate Tuesday afternoon after another lengthy debate and a party-line vote.

Senate Pro Tem Greg Treat, R-Oklahoma City, and House Speaker Charles McCall, R-Atoka, co-authored the measure, which passed the House of Representatives 77-20 last week.

Under the wording of the bill, entering and remaining in Oklahoma without obtaining legal authorization would result in a misdemeanor punishable by confinement in the county jail for a term not to exceed one year, or a fine of not more than $500 , or both. Repeated violations would result in a misdemeanor charge and the violator could face a prison sentence of up to two years, a fine of up to $1,000, or both. First-time and repeat offenders would be required to leave the state within 72 hours of the date specified in a written order.

Two amendments to the bill, authored by Sen. Michael Brooks, D-Oklahoma City, were heard, although both were voted down. One of these created a cause of action for American citizens who have been wrongly arrested. It would have allowed them to recover $10,000 per incident or wrongful arrest.

Sen. Julia Kirt, D-Oklahoma City, asked about training to review citizenship documentation of adults and children. Treat said he was not aware of training parameters, but his interpretation of the Illegal Immigration Act, signed by former President Bill Clinton in 1996, gave law enforcement the ability to help enforce federal immigration law.

“Law enforcement is well trained and equipped to understand probable cause, and (the bill) does not include more training,” Treat said.

Kirt said the measure adds a new layer to a law enforcement officer’s job. She asked how they would enforce this. Treat said if someone can’t provide documents proving citizenship, law enforcement will come up with the protocols to deal with that, and he’s confident Oklahoma Attorney General Gentner Drummond will be involved in that process .

State Sen. Carri Hicks, D-Oklahoma City, said Oklahoma has 68,869 undocumented immigrants, which is about 1.7% of the population. She said this is concerning for the available workforce.

Hicks also argued that immigrants are less likely to commit crimes than a U.S. citizen. According to the National Science Foundation and the National Institute of Justice, U.S. citizens were twice as likely to be arrested for violent crimes than undocumented immigrants between 2012 and 2018.

Sen. Kevin Matthews, D-Tulsa, asked what the measure would solve. Treat responded that the federal government has failed at its job. Think of the failure as an immigration crisis at the feet of the current administration, and the impact has been felt by the states.

Treat, like proponents of the measure in the Roundabout and Drummond, emphasize the problems with the increase in illegal marijuana cultivation and organized crime due to illegal immigration.

State Sen. Mary Boren, D-Norman, asked for data that could support the claim that immigrants are involved in fentanyl distribution and human and labor trafficking.

Handle soberly cited federal data showing that federal agents found 1,507 pounds of marijuana, 82 pounds of cocaine, 217 pounds of methamphetamine, 64 pounds of fentanyl and 134 pounds of other uncategorized illegal drugs in March.

Boren also asked how the DACA classification allows a defendant to have an affirmative defense and why it is “okay to treat children brought to Oklahoma by their parents as criminals.”

Treat said the intent of the bill is to “do what states are allowed to do within the bounds of federalism,” but conceded that Boren makes a valid point about the measure’s application to children, though he did not directly answer Boren’s question. ask.

Sen. George Young, D-Oklahoma City, said discussion of the measure Tuesday failed to identify a problem that needs to be solved. He said it is impossible that the measure does not lead to profiling.

“You are going to help people who have (stopped) because of their appearance. And why are we going to try to put those people in jail? The way they look,” Young said. “You can deny that whatever you want, that’s what’s going to happen – that’s what’s going to happen.”

Supports the measure. Sen. Jessica Garvin, R-Duncan, preceded her support for HB 4156 with a statement declaring her Hispanic heritage. She said she supports the bill as an effort to improve public safety.

“We have seen in several states where people are being murdered. A young woman on the East Coast was murdered by someone who came here illegally and was a criminal, and no, not every person who steps into this country is a criminal, but that’s not what we’re trying to say today,” Garvin said. said. “What we’re trying to say is that people coming here illegally are causing problems. We cannot take care of them. We don’t have the resources.”

In closing the debate, Treat argued that while the Legislature cannot expedite the process for asylum or permanent residency, he believes the measure protects the state of Oklahoma, and that law enforcement has the resources necessary to meet this responsibility .

It was another partisan vote, passing 39-9 as a stopgap measure. The bill is awaiting Stitt’s signature.