Biden administration sues Oklahoma over new law allowing arrest of illegal migrants

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The Biden administration filed a lawsuit against Oklahoma on Tuesday challenging a new law that allows local authorities to arrest migrants who are in the state illegally.

Republican Gov. Kevin Stitt signed local House Bill 4156 into law in April, which makes it a crime to enter Oklahoma without legal authorization to be in the US.

The Justice Department, which has sued Texas and Iowa over similar measures, argued that the legislation is unconstitutional.

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“Oklahoma cannot disregard the U.S. Constitution and settled Supreme Court precedent,” Principal Deputy Assistant Attorney General Brian Boynton said in a statement announcing the lawsuit.

“We have brought this action to ensure that Oklahoma adheres to the Constitution and the framework adopted by Congress for regulation of immigration,” he added.

The DOJ’s complaint charged that Oklahoma’s new law “intrudes on the federal government’s exclusive authority to regulate noncitizens’ entry and reentry into, and presence in, the United States” and is, therefore, “preempted” by federal law.

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April article

Oklahoma becomes latest state to advance legislation allowing for the removal of undocumented immigrants
HB 4156 has been passed by the Lower and Upper Houses and sent to the governor

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