Can Oklahoma Help Remove Illegal Aliens?
FAIR shows state’s immigration law is not preempted
WASHINGTON—The Federation for American Immigration Reform (FAIR) has filed a brief in the Tenth Circuit Court of Appeals defending Oklahoma’s immigration law, which is the target of a lawsuit brought by anti-borders activists.
Following the example of Texas, which in response to the border crisis passed a sweeping immigration law, Oklahoma recently passed a law that makes illegal entry or reentry into the United States a state crime. Under the law, aliens found guilty of that crime must leave Oklahoma within 72 hours. The activist plaintiffs claim the law is preempted by federal immigration law.
In its brief, FAIR makes a unique argument, showing that the law, far from being preempted, is actually contemplated by the federal government’s own criminal reentry statute, which makes it a federal crime to reenter the country after having been removed—including having been removed by agreeing to removal in a state court.
“State immigration laws swell the federal deportations reversing the Biden border invasion,” said Christopher J. Hajec, deputy general counsel of FAIR. “This is why the activists are targeting them. Far from being inconsistent with this state law, however, federal immigration law explicitly gives effect to it. We hope that, by pointing this out, we convince the court to uphold Oklahoma’s right to protect itself.”
The case is Padres Unidos de Tulsa v. Gentner Drummond, No. 24-6080 (Tenth Circuit).
