OKPOLICY.ORG
Instead of meaningfully addressing problems that Oklahomans face, lawmakers are once again choosing to target and criminalize our immigrant friends and neighbors for political gain. So far this session, legislators filed a flurry of anti-immigrant bills, such as House Bill 1362 and Senate Bill 868. These are harmful proposals that create a climate of fear in our state and would have a negative impact on all of our communities. Our policymakers should not give in to the political peer pressure from the wave of anti-immigrant rhetoric that is gripping our nation and being uplifted by the country’s highest office. Immigrant Oklahomans — documented or not — are Oklahomans who are positively contributing to our communities. In targeting them, lawmakers will harm even U.S.-born Oklahomans.
HB 1362 would separate families for something as simple as a traffic violation
Authored by Rep. David Hardin, HB 1362 is a punitive bill that doubles down on an anti-immigrant bill passed last session. This new bill seeks to criminalize Oklahoman immigrants simply because of their immigration status. Under this bill, any undocumented immigrant who is arrested for violating a criminal law, meaning even something as simple as speeding, would be automatically guilty of a felony punishable by no less than five years in prison. This violates the right to due process, which everyone is entitled to and is protected by the U.S. Constitution. It also pressures Oklahomans to agree to be deported in place of facing a minimum five-year felony or paying a $35,000 cash bond. This is an impossible choice.
When it comes to issues of public safety, the data are clear. Immigrants are less likely to commit crimes than U.S. citizens, meaning immigrants are less of a threat to public safety than people who were born here. Minor traffic infractions — like rolling through a stop sign, failing to signal a turn, or speeding — are the most common way people encounter law enforcement. If HB 1362 comes into effect, it would disproportionately affect undocumented Oklahomans who have been pulled over for extremely minor — and common — mistakes. It also opens the door for people to be stopped by law enforcement simply due to the color of their skin. Racial profiling is not the only negative outcome of this bill; it would grow our prison populations, separate families, and deport undocumented Oklahomans. This bill is needlessly punitive, costly, and harmful for the more than 81,000 U.S. citizens in Oklahoma who live with at least one undocumented family member.
SB 868 forces cities to choose between protecting their residents or their budget
SB 868 by Sen. Avery Frix would ban “sanctuary cities” — a municipality that limits or bars cooperation with federal immigration enforcement. It also represents significant state overreach by stripping municipalities of local authority to set their own policies. Further, it would require every county correctional facility in Oklahoma to enter into an agreement with an unnamed “federal immigration agency,” as well as an agreement to pay the costs of housing and detaining immigrants for the federal government.
Yet, the reality is that no city in Oklahoma currently has “sanctuary policies” on the books. SB 868 would essentially act as a preemption bill, preventing Oklahoma cities from exercising local control to respond to the needs of their residents, including their immigrant residents.
While the bill lacks specificity about how much county governments might be required to pay for housing and detaining immigrants, immigration-related agreements between local and federal agencies have historically forced the local governments to shoulder significant costs. As such, this bill could rightfully be considered an unfunded mandate requiring county jails to pay a portion of what has previously been the federal government’s responsibility. The state of Oklahoma should not abuse its power by interfering with communities’ ability to set their own laws that reflect the needs and values of their residents.
Legislators are throwing away an opportunity to improve our state for all Oklahomans
Research has shown time and time again that immigration is good for the United States and the communities they live in. Immigrants who have long lived in the country raise tax revenue and boost the economy. In Oklahoma alone, immigrants, including undocumented immigrants, paid $227 million in state and local taxes in 2022. Targeting undocumented Oklahomans will hurt all Oklahoma families, our communities, and the state’s fiscal health. Instead of targeting hard-working community members, lawmakers should focus on passing inclusive policies that are proven to help all residents.
