Oklahoma Attorney General appeals immigration law injunction • Oklahoma Voice

OKLAHOMA CITY – Oklahoma Attorney General Gentner Drummond on Wednesday appealed a court order that put the state’s controversial immigration law on hold.

A federal judge overturned the measure in June hold until the outcome of a legal challenge.

“House Bill 4156 is a powerful tool to combat criminal activity, much of which is fueled by illegal immigrants in our state,” said Drummond, who encouraged the Legislature to pass the bill.

Drummond filed an appeal with the U.S. Court of Appeals for the 10th Circuit in Denver.

Bill 4156 creates a new crime called “unlawful occupation” for intentionally entering a state without legal authorization to be in the United States.

The first offense is a misdemeanor punishable by one year in prison and a fine of up to $500, or both.

The person would have to leave the state within 72 hours.

A second offense is a felony punishable by up to two years in prison, a $1,000 fine, or both.

Opponents of the law, who have filed suit to block it, say the state is trying to regulate immigration, which is the federal government’s responsibility.

“It is preempted by federal law and thus violates the supremacy of the United States Constitution,” the federal government alleged in the lawsuit filed in U.S. District Court for the Western District in Oklahoma City.

A second lawsuit, filed by an individual and an advocacy organization, was filed two days later.

The lawsuits were consolidated.

In granting the preliminary injunction, the judge wrote that the state law would likely be overridden by federal law.