Biden Administration Files Lawsuit Against Okla., Calls Law Unconstitutional

The Biden administration filed a lawsuit against the state of Oklahoma, calling a new immigration law unconstitutional.

According to a release on Tuesday, the suit was filed on behalf of the United States, including the Justice Department, Department of Homeland Security and Department of State.

Attorney General Gentner Drummond is now working to defend this law.

The federal government gave the attorney general and Gov. Stitt until Monday to agree to refrain from enforcing the immigration law. 

Related: Gov. Stitt Talks Newly Signed Bill Criminalizing Illegal Immigration, New Task Force

Drummond says he is not backing down.

“I will fight for Oklahomans,” Drummond said. “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.”

A letter dated May 15 says, “HB 4156 is preempted by federal law and violates the United States Constitution,” and that the law “intrudes into a field that is occupied by the federal government and is preempted.”

“We are not attempting to be the federal government. We are not attempting to deport anyone. This is not a political bill, it is a bill about public safety,” Drummond said. “My mission is to establish and achieve public protection and this is tantamount to public protection in the state of Oklahoma.”

The law will not allow racial profiling, Drummond says, it will only impact people who have committed a crime and are living in Oklahoma illegally.

“All about defending Oklahoma, protecting our citizenry,” Drummond said. “So if you are here illegally and engaging in an activity, I will find you and I will arrest you.”

“I will use every ounce of my energy and my skill to defend Oklahoma’s law,” Drummond said.

The immigration law is set to go into effect July 1, but could be pushed back if tied up in court.

Gov. Stitt released a statement Tuesday following the lawsuit:

“The Biden administration refuses to do its job to secure our borders. Not only that, but they stand in the way of states trying to protect their citizens. Had the Biden administration set aside politics and done their job, HB4156 wouldn’t have been necessary. As governor, I will continue to do what is necessary to protect all four million Oklahomans.”