House Bill No. 1362, introduced by Hardin and Worthen, amends existing laws regarding unlawful immigration in Oklahoma. The bill redefines the term "alien" and establishes new penalties for individuals unlawfully present in the state. Notably, it removes previous language that classified certain acts as "impermissible occupation" and instead introduces a felony charge for individuals apprehended for violating criminal laws who are found to be unlawfully present in the U.S., punishable by a minimum of five years in prison. Additionally, the bill allows for the posting of a cash bond of at least $35,000 and provides the court with the authority to dismiss criminal prosecution under specific conditions, requiring the individual to return to their country of origin.
The bill also mandates that the Department of Corrections notify federal authorities to arrange transportation for repatriation within seven days of taking custody of an unlawfully present individual. It emphasizes the collection of identifying information by law enforcement and prohibits municipalities from enacting conflicting regulations. The legislation declares an emergency, allowing it to take effect immediately upon passage and approval.