Immigrants

The federal government has sued the state of Oklahoma in a new lawsuit seeking to block HB 4156 from taking effect, a new anti-immigration law that regulates the entry of noncitizens by detaining and fining migrants who are unlawfully present in the state.

The U.S. government filed the lawsuit in the U.S. District Court for the Western District of Oklahoma on May 21st arguing that HB 4156 is unconstitutional because the federal government maintains exclusive jurisdiction over the subject of immigration and the status of noncitizens under the supremacy clause and foreign commerce clause of the U.S. Constitution.

Oklahoma’s HB 4156 which was slated to take effect July 1^st considers the unlawful presence of a noncitizen in the state to be an “impermissible occupation” and directs law enforcement officials to arrest and jail undocumented immigrants.

The law aims to protect the state’s citizens against undocumented immigrants who could “potentially harm” its residents. Under the law, a first conviction would be a misdemeanor punishable by up to a year in county jail and a $500 fine. A second conviction would rise to a felony and carry a sentence of up to two years in county jail and a $1,000 fine.

Those convicted would be required to leave the state of Oklahoma within three days of being released from county jail.

In attempting to enforce this law, the Justice Department argues that the state is circumventing established law and constitutional authority by trying to take matters into its own hands.

The Department of Homeland Security and Justice Department recently announced a new plan to expedite immigration court proceedings for asylum seekers who have recently arrived in the United States without lawful status.

On May 16^th senior administration officials from the Department of Homeland Security and Justice Department made it known to the public that a new Recent Arrivals (RA) docket process will allow undocumented immigrants to resolve their immigration cases more expeditiously – within a period of 180 days.

Under the RA Docket process, DHS will place certain noncitizen single adults on the RA Docket, and EOIR adjudicators will prioritize the adjudication of these cases.

The RA Docket will operate in five cities: Atlanta, Boston, Chicago, Los Angeles, and New York City. Immigration judges will aim to render final decisions within 180 days, although the time to make a decision in any particular case will remain subject to case-specific circumstances and procedural protections, including allowing time for noncitizens to seek representation where needed.

Articles Posted in Immigrants

Justice Department Sues the State of Oklahoma over Anti-Immigration Law known as HB 4156

Biden Administration Ramps up Efforts to Expedite Court Proceedings for Asylum Seekers at Southwest Border