Oklahoma immigration bill: What does HB 4156 say? Does it promote racial profiling?

Gov. Kevin Stitt signed a bill into law Tuesday that will give state law enforcement officers the authority to arrest people without legal authority to be in the United States.

Here's everything we know about the bill and it's potential implications.

What does Oklahoma HB 4156 say?

House Bill 4156 will make "impermissible occupation" as a first offense a misdemeanor punishable by a year in county jail and/or a maximum $500 fine.

Subsequent arrests will be felonies punishable by up to two years in prison and/or a maximum $1,000 fine. In both cases, offenders will be required to leave the state within 72 hours of their conviction or release from custody, whichever comes later.

Attorney General Gentner Drummond, who originally requested the legislation, praised senators, noting the legislation allows "state law enforcement officers to arrest and incarcerate illegal immigrants as a means of helping combat Oklahoma's numerous illegal marijuana grow operations."

The bill's language states that the legislature "recognizes its duty to enact legislation that ensures the protection and enhancement of these essential rights, privileges, and immunities for all of its citizens, authorized residents, and lawfully present visitors."

The bill alleges that people who live in the U.S. without legal permission are often involved with organized crime, such as drug, sex and labor trafficking.

In a media statement Tuesday, Stitt said his sole aim was "to protect all four million Oklahomans, regardless of race, ethnicity, or heritage." He said the bill was "not a stop and frisk" type of bill. He said his office would not tolerate prejudice in enforcing the law.

"I love Oklahoma’s Hispanic community and I want to ensure that every law-abiding citizen has the opportunity to pursue the American Dream. Let me be clear – there is no tolerance for racism or discrimination against any community in our state," the governor said. "I want our Hispanic community to rest assured that this law does not give law enforcement the authority to profile individuals or question them about their immigration status without reasonable suspicion of a crime."

In addition to his signature on the bill, Stitt issued an executive order to create a state task force charged with examining how workforce visas and permits could be processed at the state level.

Who are the perpetrators of drug, sex and labor trafficking?

After HB 4156 passed the Senate, Senate President Pro Tempore Greg Treat said in a news release that the "southern border crisis" created a rise in fentanyl, human trafficking and crime in U.S. communities.

However, in recent years, the majority of fentanyl trafficking offenders were U.S. citizens

In fiscal year 2023, 26,700 pounds of fentanyl were seized at the southern border. Of that, nearly 90% were seized at ports of entry, mostly at vehicle checkpoints.

In terms of individual encounters with people smuggling fentanyl, 73.1% percent were U.S. citizens.

In fiscal year 2022, 88% of fentanyl trafficking offenders were U.S. citizens, and in 2021, 86% of fentanyl trafficking convictions were U.S. citizens.

Additionally, research from a study analyzing U.S. federal human trafficking prosecutions indicates that a universal human trafficker profile doesn't exist.

In the U.S. most human trafficking cases in 2020 involve individual traffickers acting as "pimps." About 5% of prosecuted human trafficking cases in 2020 involved gangs or organized crimes.

What do critics say about HB 4156?

Rep. Annie Menz, D-Norman, previously said such a law would put a strain on law enforcement officers "compelled" to enforce to enforce it.

Rep. Arturo Alonso Sandoval, D-Oklahoma City, has said the legislation, if signed, would have a serious impact on undocumented immigrants who have been in Oklahoma for years.

"These are people who have been here for decades and contributed millions in tax dollars," he said, adding that the measure "promotes racial profiling, which puts every Oklahoman at risk."