Oklahoma Immigration House Bill 4156
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May 4, 2024UPDATE: There is now a federal injunction filed 6/28/24 against House Bill 4156. Read the motion here.
What is Immigration House Bill 4156?
House Bill 4156
House Bill 4156 was signed into law by Governor Stitt on Tuesday, April 30, 2024, which went into effect immediately. This bill purports to take aim at illegal immigrants in Oklahoma who are alleged to be involved with organized crime, such as drugs, sex and labor trafficking.
In reality, House Bill 4156 casts a much broader net to include all undocumented immigrants who are engaged in an “impermissible occupation”, which is defined in the bill as a person who “willfully and without permission enters and remains in the State of Oklahoma without having first obtained legal authorization to enter the United States.” This bill would affect people who have been here for decades and contributed millions in tax dollars without ever having a criminal offense. Of the roughly 100,000 undocumented immigrants in Oklahoma, 70,000 to 80,000 are of Mexican origin and as such are entitled to receive a matricula consular ID from the Mexican Consulate. Further, the Governor and the legislature have indicated an intent to respect matricula as validation of legal presence in Oklahoma and thus not subject to prosecution.
The bill makes it a crime to be present in the State of Oklahoma without lawful status. Those who are caught (or stopped by State Law Enforcement) would face the following penalties for violating the new law:
First offense – Misdemeanor punishable by imprisonment in the county jail for up to one year, a fine of $500, or both.
Second offense – Felony punishable by imprisonment with the Department of Corrections for up to 2 years, a fine of $1000, or both.
Additionally, the individual is required to leave the State of Oklahoma within 72 hours of being released from custody and may never return to their home in Oklahoma. Some of these individuals may be awaiting an individual hearing before a Federal Immigration Judge to which they are entitled under federal immigration law.
Along with the bill signing, Stitt announced the formation of the Oklahoma State Work Permits and Visas Task Force. (OSWPV)
Taskforce Details
To address some of the bill’s anticipated but unintended consequences, including ways to secure work visas or similar documentation permitting them to remain without threat of separation from their families and livelihood.
The Task Force shall submit to the Governor, the President Pro Tempore of the Oklahoma Senate, the Speaker of the Oklahoma House of Representatives, the Minority Leader of the Oklahoma Senate, and the Minority Leader of the Oklahoma House of Representatives a report on or before August 31, 2024, detailing its findings and recommendations.
The Task Force shall be composed of eleven (11) members determined as follows:
- Three (3) 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
Learn more about the Taskforce here.
Passage of HB 4156 has caused increased anxiety and stress for many communities across Oklahoma. The legislation criminalizes ‘presence’ rather than behavior. Many law enforcement agencies (though not all) across Oklahoma have indicated they will continue to prioritize law enforcement attention towards criminal activity rather than mere presence. It is very unlikely the state will see widespread enforcement of the law because local law enforcement agencies lack the resources but also due to the near certainty the law will be blocked by a federal court. However, this legislation does provide new authority for law enforcement to look into and potentially take action against persons within Oklahoma boundaries who lack lawful status.
The information presented here does not constitute formal legal advice. Rather, this is an attempt to provide context and reference for individuals who may be adversely impacted by this legislation.
Governor Stitt created the Oklahoma State Work Permits and Visas Task Force, but the task force has not yet been assembled, nor has it met. The task force will likely be unable to craft recommendations prior to the close of this year’s legislative session, so any remedies that result from the task force will take place in the future—months not weeks. We recommend readers keep an eye on the task force’s activity, but the existence of the task force itself does not override any implications of the new law. Governor Stitt may take executive action independently of recommendations from the Task Force. He has already met and continues to meet with the Mexican Consulate to determine short-term solutions while the Task Force considers longer term measures.
Individuals who may be impacted by this legislation may benefit from some of these resources below, applicable to all residents in the US whether lawfully present or not.
Regardless of your immigration status, you have guaranteed rights under the Constitution.
Learn more here about your rights in the United States, and how to express them.
Additionally, certain Oklahoma law enforcement professionals have recommended all residents continue to live normal lives—go to work or school, continue normal activities of daily life and avoid, as always, illegal activity.
Learn more about interacting with police officers.
It is probable a lawsuit will be filed in the coming days which is most likely to be enjoined by a federal court, meaning the court could prohibit the enforcement of the law. It is possible this legislation will be challenged in court, whether at the State or Federal level. Depending on where and how the new law is challenged, the Court(s) may enjoin enforcement of this new law. To enjoin a law is to prevent its being applied or enforced while judicial review is underway. We recommend all affected groups pay attention to trusted news sources about if, whether, and how this law is challenged in the court system. In the meantime, the law is in force until a court determines otherwise.
Governor Stitt’s official statement
