Biden Threatens Oklahoma with Lawsuit Over Immigration Efforts

 May 21, 2024

As we all know, Joe Biden has done nothing in terms of curbing illegal immigration in this country.

So, some states have taken their own measures and yet again, the Biden administration threatens to sue a state for protecting its borders.

Talking Points…
- Biden immigration by the numbers
- Biden threatens suit against Oklahoma
- Analysis

Biden Immigration by the Numbers

I think most of us would agree that the Biden administration has been a complete and utter disaster in terms of keeping our borders secure. A recent House committee report noted that there have been more than eight million illegal immigrant encounters since Biden took office, a number that goes up by six figures or more virtually every month. The majority of those encounters are taking place at our southern border.

In addition to those encounters, it is estimated that at least 1.7 million gotaways avoided authorities and slipped into the country’s interior. The fear in this particular category is human trafficking and drug smuggling, both of which have increased dramatically under this administration because of the lack of enforcement of our border laws.

There is also a significant terror threat, with FBI Director Christopher Wray telling Congress that our intelligence agencies are very concerned about the possibility of a coordinated attack on U.S. soil. While appearing before the House Appropriations Committee last month, he stated:

"Our most immediate concern has been that individuals or small groups will draw twisted inspiration from the events in the Middle East to carry out attacks here at home.

“But now increasingly concerning is the potential for a coordinated attack here in the homeland, akin to the ISIS-K attack we saw at the Russia Concert Hall a couple weeks ago."

Biden Threatens Oklahoma with Lawsuit

Generally speaking, all immigration matters fall under federal purview, but what are states supposed to do when the federal government is not doing its job on this front? States like Texas and Arizona, as well as states not along the southern border, are now fighting against the Biden administration because of the impact illegal immigration has on their states.

The Biden administration is already suing Texas and Iowa for moves these states have made to stop illegal immigration, and now the administration is threatening to add Oklahoma to that list. Oklahoma Gov. Kevin Stitt and Attorney General Gentner Drummond received a written notice from the administration regarding HB 4156, which makes it a state crime to be in the state illegally, giving local law enforcement the power to arrest illegals and require them to leave the state within 72 hours of their release or following a conviction. This is a very similar law that Governor Greg Abbott signed in Texas.

Principal Deputy Assistant AG Brian Boynton warned Oklahoma officials that HB 4156 is pre-empted by federal law, thereby violating our Constitution. His letter continued:

"HB 4156, however, seeks to create a separate state immigration scheme by imposing state criminal penalties for violating the federal prohibitions on unlawful entry and reentry. HB 4156 therefore intrudes into a field that is occupied by the federal government and is preempted.

"The United States intends to file suit to enjoin the enforcement of HB 4156 unless Oklahoma agrees to refrain from enforcing the law. The United States is committed to the processing of noncitizens consistent with the Immigration and Nationality Act (INA). HB 4156 is contrary to that goal.”

Oklahoma Attorney General Drummond responded, much like Texas did, stating:

"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.

"Acquiescence to this intolerable situation is not in my state’s DNA; neither is surrender. As such, HB 4156 represents a meaningful, common-sense, and legally permissible step toward addressing and correcting that which the Biden Administration has willfully refused to enforce the last 3.5 years."


The Biden administration better keep some pen and paper around because two more states could be on this bandwagon very soon. Arizona has a ballot measure that will be voted on in the upcoming election and Louisiana is also crafting legislation that will mimic the Texas law. It will be very interesting to see how the Supreme Court reacts to this because the precedent is in place that immigration is a federal issue, but as I noted above, what do you do when the federal government is not doing its job on this front? That issue will be decided soon enough.

About Jerry McConway

Jerry McConway is an independent political author and investigator who lives in Dallas, Texas. He has spent years building a strong following of readers who know that he will write what he believes is true, even if it means criticizing politicians his followers support. His readers have come to expect his integrity.

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