WASHINGTON – The US Department of Justice challenged on Wednesday, a controversial immigration law introduced by the state of Oklahoma.
The Justice Department has filed suit against the State of Oklahoma to challenge House Bill 4156 (HB 4156) under the U.S. Constitution’s Supremacy Clause and Foreign Commerce Clause.
In an official press release, the department said the constitution assigns the federal government the authority to regulate immigration and manage international borders.
‘Pursuant to this authority, Congress has established a comprehensive immigration framework governing noncitizens’ entry, reentry and presence. Because HB 4156 is preempted by federal law and violates the U.S. Constitution, the Justice Department seeks a declaration that HB 4156 is invalid and an order enjoining the state from enforcing the law,’ the press release said.
Commenting on the law, Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division said Oklahoma cannot disregard the U.S. Constitution and settled Supreme Court precedent
‘We have brought this action to ensure that Oklahoma adheres to the Constitution and the framework adopted by Congress for regulation of immigration,’ he opined.
It is to be highlighted that Oklahoma’s law would create new state crimes to regulate noncitizens’ entry and reentry into and presence in, the United States, with charges ranging from a misdemeanor to a felony.
As far as the details are concerned, HB 4156 requires noncitizens convicted of violating its provisions to leave the State, effectively granting Oklahoma the independent authority to exile noncitizens from the State and thereby permitting a patchwork of state immigration schemes.
The Department of Justice pleads that the Supreme Court has already recognized in another case that the authority to admit noncitizens and to determine their status in the United States is a core responsibility of the federal government.
‘HB 4156 impedes the federal government’s comprehensive immigration scheme and interferes with its conduct of foreign relations,’ said the official press release.
The suit was filed on behalf of the United States, including the Justice Department, Department of Homeland Security and Department of State and in a few days it would be clear what happens to the ‘controversial’ law.
