HB 4156 enacted two new statutes (21 O.S. §1795 and 22 O.S. §988.25) effective July 1, 2024. The first statute established a new State criminal charge which could be filed against any illegal alien who was found within the State. HB 4156 has drawn strong criticism from law enforcement, including expressions of concern about the potential for allegations of racial profiling. The Constitutionality of HB 4156 was also questioned in light of a United States Supreme Court opinion which held that States have no authority to enact State statutes which criminalize violations of Federal immigration laws. Arizona v. United States, 567 U.S. 387 (2012).

A Federal Judge recently issued a preliminary injunction which bars enforcements of the new HB 4156 statutes. United States v. Oklahoma, No. 24-CV-511 (W.D. Okla. June 28, 2024). A preliminary injunction is just that – preliminary (and not final). It will stay in place until a final ruling is issued regarding the constitutionality of HB 4156. It is expected that Oklahoma will appeal the issuance of the preliminary injunction to the 10th Circuit Court of Appeals. It is also expected that the 10th Circuit will not disturb the injunction during the appellate process. While the 10th Circuit has no authority to overrule a United States Supreme Court precedent, the 10th Circuit’s final ruling can be appealed to the United States Supreme Court. It is worth noting that Texas adopted similar legislation and is also involved in similar litigation. A preliminary injunction was issued against Texas in February. Texas’ appeal related to that injunction is pending before the 5th Circuit Court of Appeals.

We may know within the next year whether the United States Supreme Court will agree to hear an appeal related to the Oklahoma and/or Texas legislation. If it does, a final decision may not be issued until late 2025 or early 2026. For time being, HB 4156 is unenforceable.