A federal judge in Oklahoma has put a two-week 2024 law on hold that criminalizes illegal immigration living in the state, a decision welcomed by the American Civil Liberties Union (ACLU) but has been strongly condemned from the state attorney general, but he has blown up the decision as "angry."
Federal District Judge Bernard Jones ruled Tuesday that House Bill 4156 may not be enforced for at least 14 days as the court challenge proceeds.
The law constitutes a crime of "not allowing occupation" and empowers state and local law enforcement officers to authorize arrests of immigrants suspected of illegally in the United States.
A federal judge in Oklahoma has criminalized illegal immigrants living in the state for a two-week 2024 state law. (Getty Image)
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The first offence under the law is a misdemeanor, which can be sentenced to up to one year in prison and a fine of $500, and the second offence is a felony, which can result in up to two years in prison. The law also requires a person to leave the state or be released from custody within 72 hours of conviction.
The bill was signed into law in April 2024, but was appealed to force due to a lawsuit filed by the Biden administration, which violated federal immigration authorities, resulting in a suspension of law enforcement.
However, the new Trump Justice Department decided to abandon the federal government's case in March.
This led to two unnamed undocumented immigrants and the ACLT that filed a new lawsuit on behalf of local advocacy groups, prompting Jones to issue another interim ban on Tuesday.
People show signs in March of May and at rallies led by immigration groups, heading from Lower Scissortail Park to the love travel parking lot in Upper Park on May 4, 2025. A federal judge in Oklahoma City ruled Tuesday that the state enforced the law on Oklahoma's crimes that were uninhabited in Oklahoma for two weeks. (Doug Hoke / Oklahoma / USA Today Network via Imagen Images)
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Jones said their case is likely to be successful in court, adding that he will consider a long-term injunction to the law after a court hearing in early June.
Oklahoma Attorney General Gentner Drummond blew up the delayed enforcement and wrote on X: "It's outrageous that Oklahoma is again banned from enforcing HB 4156."
He said this is crucial to the state’s efforts to shut down illegal marijuana, fentanyl distribution and other illegal activities.
He also quoted the judge as saying that Drummond also allowed the case to proceed despite two plaintiffs being anonymous, because revealing their identities would “declare (e) a federal violation to federal authorities.”
Oklahoma Attorney General Gentner Drummond blows up delayed enforcement as "outrageous." (Reuters)
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"In the name of federal law, the courts are protecting recognized offenders from federal and state influence," Drummond said in a statement. "This is improper and contrary to the rule of law, we will evaluate all options to challenge the ruling."
Tamya Cox-Touré, executive director of the ACLU at Oklahoma State University, said the decision was a victory for immigration rights.
"But the damage to the repeated national rhetoric by HB 4156 and local politicians has created a fear environment in our state," Cox Durey said. No matter what someone looks, 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. ”