Oklahoma District Court Judge Bernard Jones granted a temporary restraining order on Tuesday, blocking HB 4156 from allowing the criminalization of noncitizens’ irregular entry and unauthorized stay in the state of Oklahoma.
This decision is part of a lawsuit that is an amended complaint, with the plaintiffs having filed a motion for a temporary restraining order last Tuesday. The plaintiffs include Padres Unidos de Tulsa, an organization advocating for education of immigrants. The defendants are Attorney General Gentner Drummond, among other Oklahoma state officials.
In his decision, Judge Jones considered whether the plaintiffs had met the legal test to grant a temporary restraining order, such as whether the plaintiffs would succeed on the merits of their claims and the likelihood of their suffering harm if they do not get preliminary relief. When assessing the merits of the plaintiffs’ claims, Judge Jones determined that the plaintiffs are likely to succeed on their claims that HB 4156 is preempted by federal law. To support his position, Judge Jones cited case law stating that immigration regulation is an “‘exclusively federal power'” that “flows naturally” from Congress’s “creation of a federal ‘framework regulating the entry, presence, and removal of noncitizens.'”
Likewise, Judge Jones found that the plaintiffs “make a clear showing of likely irreparable harm” since they “face the imminent threat of state-sanctioned arrest, prosecution, and punishment absent preliminary relief.” The defendants challenged the plaintiffs’ likelihood of harm by arguing they would be subjected to the “same harms under federal law.” Judge Jones conceded this point, recognizing that “may be true,” but redirected to the legal issue at hand. Namely, “whether [the plaintiffs] will suffer irreparable harm absent an injunction,” and in answering this question, Judge Jones found in favor of the plaintiffs. While this temporary restraining order will block HB 4156 from taking effect, a final decision on the merits of the plaintiffs’ claims has yet to be determined.
Section 2B of HB 4156 sets out a crime of “impermissible occupation” if a noncitizen “willfully and without permission enters and remains in the State of Oklahoma without having first obtained legal authorization to enter the United States.” If a noncitizen gets a first-time conviction of impermissible occupation, they may be imprisoned for a maximum of one year, pay a fine with a maximum of $500, or both imprisonment and a fine.
The executive director for the ACLU of Oklahoma, Tamya Cox-Touré, welcomed Judge Jones’ ruling:
The court’s decision today is a victory for Oklahoma’s immigrant community, but the damage of HB 4156 and the national rhetoric repeated by local politicians has already created an environment of fear in our state. No matter what someone looks like, sounds like, or what their immigration status may be, they should feel safe in their own communities. We will continue to fight for the rights and dignity of immigrants and their families.
HB 4156 was approved by the Oklahoma Governor John Kevin Stitt in May 2024. Leading up to its approval, the bill was challenged in the initial lawsuit, with the plaintiffs asking for declaratory and injunctive relief. The federal government, under the former President Joe Biden’s administration, filed a separate lawsuit also challenging HB 4156. The suits were consolidated in June 2024, and Oklahoma officials appealed. However, under President Donald Trump’s administration, the federal government’s complaint was voluntarily dismissed.
