Joe Biden has sued the state of Oklahoma over a new law which allows police to arrest illegal migrants.
House Bill 4156, which will come into effect from July 1, will give arrested migrants 72 hours to leave the state following conviction or release from custody.
Traditionally, the federal government is the authority with the sole power to arrest migrants for the crime of being in the country.
At present, local and state courts prosecute illegal immigrants who have committed a crime. They are then turned over, once serving their time, to US Customs and Immigration Enforcement to be prosecuted for being in the state illegally.
Joe Biden has sued the state of Oklahoma over a new law which allows police to arrest illegal migrants
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A first offence would result in a misdemeanor charge, punishable by up to one year in jail and a $500 fine, whilst a second offense would result in a felony charge, punishable by up to two years in prison and a $1,000 fine.
Republican Governor, Kevin Stitt, said “I am disappointed this bill is necessary” when he signed the bill into law in April. He slammed the Biden administration for the more than 10 million people who have crossed the border since the 46th President came into power.
The Justice Department has now argued that the legislation is unconstitutional and has filed a lawsuit to stop the state from putting the law into place.
“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.
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The Biden administration sued both Iowa and Texas for similar laws
Reuters“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 that the 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.
Already this year, the Biden administration sued both Iowa and Texas for similar laws.
“Regrettably, this administration has adopted a one-size-fits-all, they’re the federal government and they know best, all states are stupid and unconstitutional,' Oklahoma Attorney General Gentner Drummond told local press.
Millions of illegal migrants have crossed the US-Mexico border under Joe BidenReutersHe vowed to fight back to protect the new law. He told the DOJ in a letter on May 17: “One thing that has been glaring over the last three-and-a-half years is that the Biden Administration is only ‘committed’ to subverting the immigration laws of this country.
“Your misguided demands ignore that Oklahoma has not only the sovereign right, but also the solemn legal obligation, to protect its own borders and its own citizens.
He added: “You are wrong about our law – and if the Biden Administration sues over it, I will vigorously defend Oklahoma and its people.”