1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 4156 By: McCall of the House
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4 and
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5 Treat of the Senate
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7 AS INTRODUCED
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8 An Act relating to immigration; providing legislative
8 intent; defining term; making certain acts unlawful;
9 providing penalties; directing law enforcement
9 agencies to collect identifying information and
10 cross-reference said information with certain
10 databases and federal lists or classifications;
11 authorizing the Oklahoma State Bureau of
11 Investigation to collect and maintain certain
12 identifying information; stating legislative finding;
12 providing preemption provision; providing affirmative
13 defenses to prosecutions; making defendants charged
13 with or convicted of certain crimes ineligible for
14 probation, delayed sentencing, or community
14 sentencing; providing for severability; providing for
15 noncodification; providing for codification;
15 providing an effective date; and declaring an
16 emergency.
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19 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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20 SECTION 1. NEW LAW A new section of law not to be
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21 codified in the Oklahoma Statutes reads as follows:
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22 A. The Legislature finds and declares that protecting the
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23 health, safety, welfare, and constitutional rights of its citizens,
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24 authorized residents, and lawfully present visitors is of utmost
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 1 importance. The Legislature further finds that it has a substantial
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2 and compelling interest in ensuring that the rights, privileges, and
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3 immunities of its citizens, authorized residents, and lawfully
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4 present visitors be protected at all costs. The Legislature
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5 recognizes its duty to enact legislation that ensures the protection
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6 and enhancement of these essential rights, privileges, and
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7 immunities for all of its citizens, authorized residents, and
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8 lawfully present visitors. The Legislature further finds that it is
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9 imperative to establish measures to protect the citizens of Oklahoma
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10 from potential harm caused by unauthorized persons entering or
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11 residing within the state. Therefore, the Legislature declares that
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12 it is a compelling public interest of this state to protect its
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13 citizens, authorized residents, and lawfully present visitors and
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14 its borders and to prohibit persons from entering or residing within
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15 this state without proper authorization.
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16 B. Further, the Legislature finds and declares that a crisis
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17 exists in Oklahoma. Throughout the state, law enforcement comes
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18 into daily and increasingly frequent contact with foreign nationals
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19 who entered the country illegally or who remain here illegally.
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20 This is particularly common in regard to illegal marijuana grow
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21 operations, which have exploded in number in recent years. Often,
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22 these persons are involved with organized crime such as drug
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23 cartels, they have no regard for Oklahoma’s laws or public safety,
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24 and they produce or are involved with fentanyl distribution, sex
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 1 trafficking, and labor trafficking. Oklahoma agents and law
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2 enforcement partners have seized countless tons of dangerous drugs
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3 and arrested untold numbers of traffickers, many of whom entered
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4 without authorization through our southern border. This crisis of
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5 unauthorized entry and presence is endangering Oklahomans,
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6 devastating rural, urban, and suburban communities and is severely
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7 straining even the most diligent and well-resourced state and local
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8 governmental entities, civil and criminal. It is imperative that
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9 the Legislature take steps to abate the crisis.
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10 SECTION 2. NEW LAW A new section of law to be codified
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11 in the Oklahoma Statutes as Section 1795 of Title 21, unless there
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12 is created a duplication in numbering, reads as follows:
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13 A. As used in this section, the term "alien" means any person
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14 not a citizen or national of the United States.
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15 B. A person commits an impermissible occupation if the person
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16 is an alien and willfully and without permission enters and remains
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17 in the State of Oklahoma without having first obtained legal
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18 authorization to enter the United States.
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19 C. 1. Any person found to have committed an impermissible
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20 occupation pursuant to the provisions of subsection B of this
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21 section and who enters this state without having obtained the legal
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22 authorization to enter the United States shall, upon conviction, be
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23 guilty of a misdemeanor punishable by imprisonment in the county
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24 jail for a term of not more than one (1) year, or by a fine of not
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 1 more than Five Hundred Dollars ($500.00), or by both such fine and
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2 imprisonment. In addition, the person shall be required to leave
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3 the state within seventy-two (72) hours following his or her
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4 conviction or release from custody, whichever comes later.
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5 2. Any second or subsequent offense for an impermissible
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6 occupation pursuant to the provisions of subsection B of this
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7 section, or any such offense committed during the commission of any
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8 other crime shall, upon conviction, be guilty of a felony punishable
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9 by imprisonment in the custody of the Department of Corrections for
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10 a term of not more than two (2) years, or by a fine of not more than
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11 One Thousand Dollars ($1,000.00), or by both such fine and
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12 imprisonment. In addition, the person shall be required to leave
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13 the state within seventy-two (72) hours following his or her
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14 conviction or release from custody, whichever comes later.
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15 D. Any alien who has been denied admission, excluded, deported,
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16 or removed, or has departed the United States while an order of
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17 exclusion, deportation, or removal is outstanding, and thereafter
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18 enters, attempts to enter, or is at any time found in Oklahoma
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19 shall, upon conviction, be guilty of a felony and shall be punished
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20 in accordance with the provisions set forth in paragraph 2 of
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21 subsection C of this section, unless:
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22 1. Prior to reembarkation of the alien at a place outside the
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23 United States or application by the alien for admission from a
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 1 foreign contiguous territory, the United States Attorney General has
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2 expressly consented to such alien's reapplying for admission; or
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3 2. With respect to an alien previously denied admission and
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4 removed, such alien established that he or she was not required to
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5 obtain such advance consent under this section or any prior statute.
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6 E. The arresting law enforcement agency shall collect all
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7 available identifying information of the person including all
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8 fingerprints and any other applicable photographic and biometric
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9 data to identify the person. Once obtained, the law enforcement
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10 agency shall cross-reference the collected information with:
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11 1. All relevant local, state, and federal criminal databases;
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12 and
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13 2. Federal lists or classifications used to identify a person
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14 as a threat or potential threat to national security.
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15 The Oklahoma State Bureau of Investigation shall have the
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16 authority to collect and maintain the identifying information
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17 collected by law enforcement agencies pursuant to the provisions of
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18 this subsection.
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19 F. It shall be an affirmative defense to prosecution under the
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20 provisions of paragraphs 1 and 2 of subsection C of this section
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21 that:
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22 1. The federal government has granted the defendant:
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23 a. lawful presence in the United States, or
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 1 b. asylum under Section 1158 of Title 8 of the United
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2 States Code; or
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3 2. The defendant was approved for benefits under the federal
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4 Deferred Action for Childhood Arrivals program between June 15, 2012
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5 and July 16, 2021.
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6 G. Any person convicted of an offense pursuant to the
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7 provisions of this section shall not be eligible for probation or
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8 delayed sentencing.
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9 H. The Legislature finds that the presence of persons who are
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10 unauthorized to be present within the State of Oklahoma is a matter
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11 of statewide concern. Therefore, the Legislature hereby occupies
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12 and preempts the entire field of legislation in this state regarding
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13 the presence of persons who have entered and remained in this state
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14 without first having obtained the legal authorization to do so. Any
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15 municipality or other political subdivision of this state shall be
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16 prohibited from adopting any ordinance, regulation, resolution,
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17 rule, or policy that conflicts with the provisions of this act.
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18 SECTION 3. NEW LAW A new section of law to be codified
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19 in the Oklahoma Statutes as Section 988.25 of Title 22, unless there
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20 is created a duplication in numbering, reads as follows:
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21 Notwithstanding any other provision of the Oklahoma Community
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22 Sentencing Act, a defendant is not eligible for community sentencing
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23 if the defendant is charged with or convicted of an offense under
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24 Section 2 of this act.
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 1 SECTION 4. The provisions of this act are severable and if any
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2 part or provision shall be held void the decision of the court so
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3 holding shall not affect or impair any of the remaining parts or
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4 provisions of this act.
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5 SECTION 5. This act shall become effective July 1, 2024.
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6 SECTION 6. It being immediately necessary for the preservation
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7 of the public peace, health or safety, an emergency is hereby
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8 declared to exist, by reason whereof this act shall take effect and
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9 be in full force from and after its passage and approval.
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11 59-2-10947 GRS 04/12/24
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