Case: United States v. Oklahoma

5:24-cv-00511 | U.S. District Court for the Western District of Oklahoma

Filed Date: May 21, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged a state law in Oklahoma criminalizing noncitizen entry and presence in the state. On May 21, 2024, the United States filed suit against the State of Oklahoma, the Oklahoma Department of Public Safety, and both the Governor and Attorney General of Oklahoma (in their official capacities). The case was filed in the United States District Court for the Western District of Oklahoma and assigned to District Judge Bernard M. Jones II.  The complaint explained the Oklahoma law at i…

This case challenged a state law in Oklahoma criminalizing noncitizen entry and presence in the state. On May 21, 2024, the United States filed suit against the State of Oklahoma, the Oklahoma Department of Public Safety, and both the Governor and Attorney General of Oklahoma (in their official capacities). The case was filed in the United States District Court for the Western District of Oklahoma and assigned to District Judge Bernard M. Jones II. 

The complaint explained the Oklahoma law at issue – House Bill 4156 (“HB 4156”) – makes it a state criminal offense to be present in Oklahoma without having obtained legal authorization to enter the United States. The law also makes it a state crime for noncitizens to enter, attempt to enter, or at any time be found in Oklahoma if they were previously denied entry, deported, or left the U.S. while a deportation, exclusion, or removal order was in effect.

The United States’ complaint, filed towards the close of the Biden Administration, alleged that HB 4156 unconstitutionally intrudes on the federal government’s exclusive right to regulate non-citizens’ entry and reentry into, and presence in, the United States. The complaint also alleged that HB 4156 is preempted by various federal statutes that criminalize only unlawful entry into the United States, and statutes that provide a framework for state assistance with immigration enforcement and criminalization. Lastly, the United States alleged that HB 4156 unlawfully encroaches on Congress’ exclusive ability, under the Constitution, to regulate commerce with foreign nations.

The United States sought a declaratory judgment that HB 4156 violates both the Supremacy Clause and Foreign Commerce Clause of the United States Constitution, and a preliminary and permanent injunction against the Defendants from enforcing HB 4156.

On June 5, 2024, the court granted Defendant’s Unopposed Motion to Consolidate the case with Padres Unidos de Tulsa v. Gentner Drummond, 24-cv-526. 

On June 28, 2024, the court granted the United States’ Motion for Preliminary Injunction, noting that HB 4156 was likely preempted because Congress has legislated so comprehensively in the field of noncitizen entry and reentry that it left no room for supplementary state legislation. The Defendants appealed on July 17, 2024. Oral arguments were scheduled for April 10, 2025 in the United States Court of Appeals for the Tenth Circuit.

However, after the start of the second Trump administration, the DOJ reversed its stance on the Oklahoma law, and filed a notice of voluntary dismissal on March 14, 2025. On March 25, 2025, the 10th Circuit dismissed the Defendant's appeal as moot. 

Back in the district court, the Padres Unidos plaintiffs filed an amended complaint on May 13, 2025 adding the League of United Latin American Citizens Oklahoma City as well as two individual plaintiffs to serve as class action plaintiffs. Plaintiffs also filed a motion for class certification, temporary restraining order (TRO), and a preliminary injunction (PI). The TRO and PI motions requested that Oklahoma be prevented from enforcing HB 4156. On May 20, 2025, Judge Jones granted the plaintiffs’ motions for a TRO and for class certification. The class certification motion was granted for the purposes of the plaintiffs’ motions for preliminary relief. On June 3, 2025, Judge Jones granted the plaintiffs’ motion for a PI. 

On June 5, 2025, Oklahoma appealed the PI ruling to the 10th Circuit. This case is ongoing. 

 

Summary Authors

Colton French (2/12/2025)

Bryan Waugh (10/10/2025)

Related Cases

Padres Unidos de Tulsa v. Drummond, Western District of Oklahoma (2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68551511/parties/united-states-v-oklahoma-state-of/


Judge(s)
Attorney for Plaintiff

Amdur, Spencer Elijah (Oklahoma)

Attorney, Rebecca Alyss

Awasthi, Devraat (Oklahoma)

Baldi, Maxwell A.

Barrett, Rebecca Alyss (Oklahoma)

Attorney for Defendant
Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case
1

5:24-cv-00511

Complaint

May 21, 2024

May 21, 2024

Complaint
17

5:24-cv-00511

Order

June 5, 2024

June 5, 2024

Order/Opinion
39

5:24-cv-00511

Order

June 28, 2024

June 28, 2024

Order/Opinion

739 F.Supp.3d 985

39

5:24-cv-00511

Order

June 28, 2024

June 28, 2024

Order/Opinion

739 F.Supp.3d 985

50

5:24-cv-00511

Notice of Voluntary Dismissal

March 14, 2025

March 14, 2025

Other
31

25-06080

Opening Brief of the State of Oklahoma

Padres Unidos de Tulsa et al. v. Gentner Drummond et al.

U.S. Court of Appeals for the Tenth Circuit

Aug. 29, 2025

Aug. 29, 2025

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68551511/united-states-v-oklahoma-state-of/

Last updated July 22, 2026, 4:54 a.m.

ECF Number Date Description Link
1 May 21, 2024

COMPLAINT against Gentner Drummond, Oklahoma Department of Public Safety, Oklahoma State of, Kevin Stitt, Tim Tipton filed by United States of America. (Attachments: # 1 Exhibit 1 - DOJ Letter re HB 4156, # 2 Exhibit 2 - IJ Ketter re HB 4156, # 3 Civil Cover Sheet)(naa) (Entered: 05/21/2024)

1 Exhibit 1 - DOJ Letter re HB 4156

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2 Exhibit 2 - IJ Ketter re HB 4156

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3 Civil Cover Sheet

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Clearinghouse
2 May 21, 2024

Summons Issued Electronically as to Gentner Drummond, Oklahoma Department of Public Safety, Oklahoma State of, Kevin Stitt, Tim Tipton. (naa) (Entered: 05/21/2024)

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3 May 22, 2024

ENTRY of Appearance by Christopher A. Eiswerth on behalf of United States of America (Eiswerth, Christopher) (Entered: 05/22/2024)

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4 May 22, 2024

MOTION for Preliminary Injunction Or, MOTION for Permanent Injunction and Opening Brief in Support by United States of America. (Attachments: # 1 Exhibit 1 -- Jacobstein Declaration, # 2 Exhibit 2 -- Hott Declaration)(Eiswerth, Christopher) (Entered: 05/22/2024)

1 Exhibit 1 -- Jacobstein Declaration

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2 Exhibit 2 -- Hott Declaration

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RECAP
5 May 22, 2024

ENTRY of Appearance by Jean Lin on behalf of United States of America (Lin, Jean) (Entered: 05/22/2024)

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6 May 29, 2024

SUMMONS Returned Executed by United States of America. Oklahoma State of served on 5/22/2024. (Attachments: # 1 Exhibit 1 - Proof of Service)(Eiswerth, Christopher) (Entered: 05/29/2024)

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7 May 29, 2024

SUMMONS Returned Executed by United States of America. Kevin Stitt served on 5/22/2024. (Attachments: # 1 Exhibit 1 - Proof of Service)(Eiswerth, Christopher) (Entered: 05/29/2024)

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8 May 29, 2024

SUMMONS Returned Executed by United States of America. Gentner Drummond served on 5/22/2024. (Attachments: # 1 Exhibit 1 - Proof of Service)(Eiswerth, Christopher) (Entered: 05/29/2024)

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9 May 29, 2024

SUMMONS Returned Executed by United States of America. Oklahoma Department of Public Safety served on 5/22/2024. (Attachments: # 1 Exhibit 1 - Proof of Service)(Eiswerth, Christopher) (Entered: 05/29/2024)

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10 May 29, 2024

SUMMONS Returned Executed by United States of America. Tim Tipton served on 5/22/2024. (Attachments: # 1 Exhibit 1 - Proof of Service)(Eiswerth, Christopher) (Entered: 05/29/2024)

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11 June 5, 2024

ENTRY of Appearance by Garry M Gaskins, II on behalf of Gentner Drummond, Oklahoma Department of Public Safety, Oklahoma State of, Kevin Stitt, Tim Tipton (Gaskins, Garry) (Entered: 06/05/2024)

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12 June 5, 2024

ENTRY of Appearance by Zachary P West on behalf of Gentner Drummond, Oklahoma Department of Public Safety, Oklahoma State of, Kevin Stitt, Tim Tipton (West, Zachary) (Entered: 06/05/2024)

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13 June 5, 2024

UNOPPOSED MOTION to Consolidate Cases by All Defendants. (Attachments: # 1 Exhibit A - 014 Amended Complaint (2024.05.24))(West, Zachary) (Entered: 06/05/2024)

1 Exhibit A - [014] Amended Complaint (2024.05.24)

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Clearinghouse
14 June 5, 2024

UNOPPOSED MOTION for Extension of Time to File Answer re 1 Complaint, by All Defendants. (Attachments: # 1 Attachment Proposed Order Mtn to Stay 2024.06.05)(West, Zachary) (Entered: 06/05/2024)

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15 June 5, 2024

JOINT MOTION to Extend Deadlines or Hearings by All Defendants. (Attachments: # 1 Attachment Proposed Order Joint Mtn for Briefing Sched. 2024.06.05)(West, Zachary) (Entered: 06/05/2024)

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16 June 5, 2024

ORDER ~ Defendants' Unopposed Motion for a Stay of Their Deadline to Respond to the Complaint 14 is GRANTED. The Court will set any deadlines for responding to the complaint after ruling on Plaintiffs pending motion for injunctive relief. Joint Motion for Briefing Schedule 15 is GRANTED, as more fully set out in the Order. Signed by Judge Bernard M. Jones on 6/5/2024. (dwl) (Entered: 06/05/2024)

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17 June 5, 2024

ORDER ~ Granting 13 Defendants' Unopposed Motion to Consolidate. The files of each consolidated case shall be maintained in United States of America v. State of Oklahoma, et al., CIV-24-511-J, and all filings shall reflect the Court's style heading in that case. Signed by Judge Bernard M. Jones on 6/5/2024. (dwl) (Entered: 06/05/2024)

Clearinghouse
18 June 5, 2024

ENTRY of Appearance by Cullen D Sweeney on behalf of All Defendants (Sweeney, Cullen) (Entered: 06/05/2024)

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19 June 6, 2024

ENTRY of Appearance by Devraat Awasthi on behalf of Jordy Madrigal Martinez, Antonio Marquez, Rene Doroteo Hernandez (Awasthi, Devraat) Modified on 6/6/2024: document flattened to optimize CM/ECF display; no other changes made (ekw). (Entered: 06/06/2024)

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20 June 7, 2024

ENTRY of Appearance by Megan E Lambert on behalf of Rene Doroteo Hernandez, Antonio Marquez, Jordy Madrigal Martinez (Lambert, Megan) Document flattened to optimize CM/ECF display; no other changes made . Modified on 6/10/2024 (naa). (Entered: 06/07/2024)

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21 June 13, 2024

RESPONSE in Opposition re 4 MOTION for Preliminary Injunction Or MOTION for Permanent Injunction and Opening Brief in Support filed by All Defendants. (Attachments: # 1 Exhibit 1 - AG Drummond's Written Testimony, # 2 Exhibit 2 - Decl. of Donnie Anderson, # 3 Exhibit 3 - Decl. of Rodney S. Scott, # 4 Exhibit 4 - Decl. of Christopher Landau)(Gaskins, Garry) (Entered: 06/13/2024)

1 Exhibit 1 - AG Drummond's Written Testimony

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2 Exhibit 2 - Decl. of Donnie Anderson

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3 Exhibit 3 - Decl. of Rodney S. Scott

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4 Exhibit 4 - Decl. of Christopher Landau

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22 June 17, 2024

UNOPPOSED MOTION to Add Party Immigration Reform Law Institute by JOHN ANDREW CHAFFIN. (Attachments: # 1 Attachment Amicus Brief, # 2 Attachment Proposed Order)(Chaffin, John) (Entered: 06/17/2024)

1 Attachment Amicus Brief

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2 Attachment Proposed Order

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23 June 17, 2024

ENTRY of Appearance by John A Chaffin on behalf of JOHN ANDREW CHAFFIN (Chaffin, John) (Entered: 06/17/2024)

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24 June 17, 2024

UNOPPOSED MOTION for Leave to Appear Pro Hac Vice Immigration Reform Law Institute Filing fee $ 100, receipt number AOKWDC-4455768 by JOHN ANDREW CHAFFIN. (Attachments: # 1 Attachment, # 2 Attachment, # 3 Attachment, # 4 Attachment)(Chaffin, John) (Entered: 06/17/2024)

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25 June 17, 2024

ENTRY of Appearance by Elissa Stiles on behalf of Rene Doroteo Hernandez, Antonio Marquez, Jordy Madrigal Martinez (Stiles, Elissa) (Entered: 06/17/2024)

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26 June 17, 2024

MOTION for Leave to Appear Pro Hac Vice for Nicholas Espiritu Filing fee $ 100, receipt number AOKWDC-4455849 by Rene Doroteo Hernandez, Ximena Monserrat Lopez Mena, Antonio Marquez, Jordy Madrigal Martinez, Padres Unidos de Tulsa. (Attachments: # 1 Attachment PHV Application Form)(Stiles, Elissa) (Entered: 06/17/2024)

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27 June 17, 2024

MOTION for Leave to Appear Pro Hac Vice for Tanya Broder Filing fee $ 100, receipt number AOKWDC-4455860 by Rene Doroteo Hernandez, Ximena Monserrat Lopez Mena, Antonio Marquez, Jordy Madrigal Martinez, Padres Unidos de Tulsa. (Attachments: # 1 Attachment PHV Application Form)(Stiles, Elissa) (Entered: 06/17/2024)

RECAP
28 June 18, 2024

REPLY by Plaintiff United States of America in Support of Motion for Preliminary or Permanent Injunction filed by United States of America. (Attachments: # 1 Exhibit 1: Order Granting Prelim Inj, US v. Iowa)(Eiswerth, Christopher) (Entered: 06/18/2024)

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29 June 18, 2024

RESPONSE in Support re 4 MOTION for Preliminary Injunction Or MOTION for Permanent Injunction and Opening Brief in Support filed by Rene Doroteo Hernandez, Ximena Monserrat Lopez Mena, Antonio Marquez, Jordy Madrigal Martinez, Padres Unidos de Tulsa. (Zafar, Noor) (Entered: 06/18/2024)

RECAP
30 June 27, 2024

ORDER ~ Granting 26, 27 Motions to Appear Pro Hac Vice. Nicholas Espritu and Tanya Broder are hereby admitted to practice before this Court for the limited purpose of participating in this case. Signed by Judge Bernard M. Jones on 6/27/2024. (dwl) (Entered: 06/27/2024)

RECAP
31 June 27, 2024

ENTRY of Appearance by Noor Zafar on behalf of Rene Doroteo Hernandez, Ximena Monserrat Lopez Mena, Antonio Marquez, Jordy Madrigal Martinez, Padres Unidos de Tulsa (Zafar, Noor) (Entered: 06/27/2024)

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32 June 27, 2024

ENTRY of Appearance by Omar Jadwat on behalf of Rene Doroteo Hernandez, Ximena Monserrat Lopez Mena, Antonio Marquez, Jordy Madrigal Martinez, Padres Unidos de Tulsa (Jadwat, Omar) (Entered: 06/27/2024)

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33 June 27, 2024

ENTRY of Appearance by Spencer Elijah Wittmann Amdur on behalf of Rene Doroteo Hernandez, Ximena Monserrat Lopez Mena, Antonio Marquez, Jordy Madrigal Martinez, Padres Unidos de Tulsa (Amdur, Spencer) (Entered: 06/27/2024)

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34 June 27, 2024

ENTRY of Appearance by Oscar Sarabia Roman on behalf of Rene Doroteo Hernandez, Ximena Monserrat Lopez Mena, Antonio Marquez, Jordy Madrigal Martinez, Padres Unidos de Tulsa (Sarabia Roman, Oscar) (Entered: 06/27/2024)

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35 June 27, 2024

ENTRY of Appearance by Wafa Junaid on behalf of Rene Doroteo Hernandez, Ximena Monserrat Lopez Mena, Antonio Marquez, Jordy Madrigal Martinez, Padres Unidos de Tulsa (Junaid, Wafa) (Entered: 06/27/2024)

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36 June 27, 2024

ENTRY of Appearance by Cody Wofsy on behalf of Rene Doroteo Hernandez, Ximena Monserrat Lopez Mena, Antonio Marquez, Jordy Madrigal Martinez, Padres Unidos de Tulsa (Wofsy, Cody) (Entered: 06/27/2024)

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37 June 28, 2024

ENTRY of Appearance by Nicholas David Espiritu on behalf of Rene Doroteo Hernandez, Ximena Monserrat Lopez Mena, Antonio Marquez, Jordy Madrigal Martinez, Padres Unidos de Tulsa (Espiritu, Nicholas) Document flattened to optimize CM/ECF display; no other changes made . Modified on 6/28/2024 (naa). (Entered: 06/28/2024)

RECAP
38 June 28, 2024

ORDER ~ Denying 22, 24 Motions for leave to file briefs as amicus curiae of Immigration Reform Law Institute. Signed by Judge Bernard M. Jones on 6/28/2024. (dwl) (Entered: 06/28/2024)

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39 June 28, 2024

ORDER ~ Granting 4 United States Motion for Preliminary Injunction. Oklahoma is hereby ENJOINED from enforcing H.B. 4156 pending further proceedings. Signed by Judge Bernard M. Jones on 6/28/2024. (dwl) (Entered: 06/28/2024)

Clearinghouse
40 June 28, 2024

ORDER ~ The Padres Unidos Plaintiffs' motion for a preliminary injunction, see Padres Unidos de Tulsa v. Drummond, No. CIV-24-526-J, 15, is DENIED AS MOOT. Signed by Judge Bernard M. Jones on 6/28/2024. (dwl) (Entered: 06/28/2024)

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41 July 2, 2024

ENTRY of Appearance by Cullen D Sweeney on behalf of All Defendants (Sweeney, Cullen) (Entered: 07/02/2024)

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42 July 8, 2024

ENTRY of Appearance by Tanya Broder on behalf of Rene Doroteo Hernandez, Ximena Monserrat Lopez Mena, Antonio Marquez, Jordy Madrigal Martinez, Padres Unidos de Tulsa (Broder, Tanya) (Entered: 07/08/2024)

RECAP
43 July 17, 2024

NOTICE OF APPEAL as to 39 Order on Motion for Preliminary Injunction, Order on Motion for Permanent Injunction by Gentner Drummond, Oklahoma Department of Public Safety, Oklahoma State of, Kevin Stitt, Tim Tipton. Filing fee $ 605, receipt number AOKWDC-4476242. (Sweeney, Cullen) (Entered: 07/17/2024)

RECAP
44 July 17, 2024

PRELIMINARY RECORD LETTER - Electronic Transmission of Notice of Appeal with Preliminary Record sent to Tenth Circuit Court of Appeals re 43 Notice of Appeal, (Attachments: # 1 Attachment 1 - Preliminary Record on Appeal)(naa) (Entered: 07/17/2024)

RECAP
45 July 17, 2024

Tenth Circuit USCA Case Number 24-6144 for 43 Notice of Appeal, filed by Tim Tipton, Gentner Drummond, Kevin Stitt, Oklahoma Department of Public Safety, Oklahoma State of. Civil case docketed. Preliminary record filed. DATE RECEIVED: 07/17/2024 Docketing statement, Notice of Appearance, and Transcript order form due 07/31/2024 for Gentner Drummond, Oklahoma Department of Public Safety, State of Oklahoma, Kevin Stitt and Tim Tipton. Transcript order form due 07/31/2024 for Gentner Drummond, Oklahoma Department of Public Safety, State of Oklahoma, Kevin Stitt and Tim Tipton. Notice of appearance due on 07/31/2024 for Rene Doroteo Hernandez, Jordy Madrigal Martinez, Antonio Marquez, Ximena Monserrat Lopez Mena, Padres Unidos de Tulsa, and United States of America. [24-6144] (naa) (Entered: 07/17/2024)

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46 July 26, 2024

TRANSCRIPT Order Form by Gentner Drummond, Oklahoma Department of Public Safety, Oklahoma State of, Kevin Stitt, Tim Tipton re 43 Notice of Appeal, that transcripts are not necessary. See order form for dates and proceedings. (Gaskins, Garry) (Entered: 07/26/2024)

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47 July 26, 2024

TRANSCRIPT LETTER advising no transcripts are necessary re 43 Notice of Appeal, filed by Tim Tipton, Gentner Drummond, Kevin Stitt, Oklahoma Department of Public Safety, Oklahoma State of. The record is ready for appeal purposes. (naa) (Entered: 07/26/2024)

RECAP
48 Jan. 17, 2025

UNOPPOSED MOTION to Withdraw as Attorney Christopher A. Eiswerth by United States of America. (Eiswerth, Christopher) (Entered: 01/17/2025)

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49 Jan. 17, 2025

ORDER ~ Granting 48 Motion to Withdraw as Attorney. Christopher A. Eiswerth is permitted to withdraw as counsel of record for Plaintiff and is relieved of further appearance or participation in this matter. Signed by Judge Bernard M. Jones on 1/17/2025. (dwl) (Entered: 01/17/2025)

RECAP
50 March 14, 2025

NOTICE of Voluntary Dismissal by United States of America (Lin, Jean) (Entered: 03/14/2025)

Clearinghouse
51 March 16, 2025

NOTICE (other) by Rene Doroteo Hernandez, Ximena Monserrat Lopez Mena, Antonio Marquez, Jordy Madrigal Martinez, Padres Unidos de Tulsa Notice Regarding Voluntary Dismissal Filed by the United States (Zafar, Noor) (Entered: 03/16/2025)

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52 March 25, 2025

ORDER of USCA as to 43 Notice of Appeal, filed by Tim Tipton, Gentner Drummond, Kevin Stitt, Oklahoma Department of Public Safety, Oklahoma State of. Dismissed as moot. Oral argument set for 4/10/25 at the Washburn University School of Law is vacated. Private Plaintiffs in this appeal are not properly designated as appellees and their motion to intervene is denied. Private Plaintiffs motion to remand is also denied as moot. This appeal is dismissed as moot. Oklahomas request to vacate the judgment of the district court is denied as unnecessary. Written, unsigned, unpublished;. Judges Holmes, Moritz and Rossman. [24-6144] (rp) (Entered: 03/26/2025)

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53 April 23, 2025

MOTION to Withdraw as Attorney Nicholas Espiritu by Rene Doroteo Hernandez, Ximena Monserrat Lopez Mena, Antonio Marquez, Jordy Madrigal Martinez, Padres Unidos de Tulsa. (Espiritu, Nicholas) (Entered: 04/23/2025)

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54 May 6, 2025

ORDER ~ Granting 53 Motion to Withdraw as Attorney. Nicholas Espiritu is permitted to withdraw as counsel of record and is relieved of further participation in this matter. Signed by Judge Bernard M. Jones on 5/6/2025. (dwl) (Entered: 05/06/2025)

RECAP
55 May 6, 2025

MOTION to Withdraw as Attorney Wafa Junaid by Rene Doroteo Hernandez, Ximena Monserrat Lopez Mena, Antonio Marquez, Jordy Madrigal Martinez, Padres Unidos de Tulsa. (Junaid, Wafa) (Entered: 05/06/2025)

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56 May 7, 2025

ORDER ~ Granting 55 Motion to Withdraw as Attorney. Wafa Junaid is permitted to withdraw as counsel of record and is relieved of further participation in this matter. Signed by Judge Bernard M. Jones on 5/7/2025. (dwl) (Entered: 05/07/2025)

RECAP
57 May 7, 2025

FIRST MOTION for Leave to Appear Pro Hac Vice for Grace Choi. Filing fee $ 100, receipt number AOKWDC-4690940 by Rene Doroteo Hernandez, Ximena Monserrat Lopez Mena, Antonio Marquez, Jordy Madrigal Martinez, Padres Unidos de Tulsa. (Attachments: # 1 Attachment 1 - Grace Choi Request for Admission Pro Hac Vice)(Stiles, Elissa) (Entered: 05/07/2025)

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58 May 13, 2025

NOTICE of Voluntary Dismissal by Rene Doroteo Hernandez, Ximena Monserrat Lopez Mena, Antonio Marquez, Jordy Madrigal Martinez (Awasthi, Devraat) (Entered: 05/13/2025)

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59 May 13, 2025

MOTION for Leave to Amend Complaint by Padres Unidos de Tulsa. (Attachments: # 1 Exhibit 1 - Second Amended Complaint)(Awasthi, Devraat) (Entered: 05/13/2025)

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60 May 13, 2025

MOTION for Temporary Restraining Order or, in the Alternative, a Preliminary Injunction and Memorandum of Law in Support by Padres Unidos de Tulsa. (Attachments: # 1 Exhibit 1 - Declaration of Barbara Boe, # 2 Exhibit 2 - Declaration of Christopher Coe, # 3 Exhibit 3 - Declaration of Padres Unidos de Tulsa, # 4 Exhibit 4 - Declaration of LULAC)(Awasthi, Devraat) (Entered: 05/13/2025)

1 Exhibit 1 - Declaration of Barbara Boe

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2 Exhibit 2 - Declaration of Christopher Coe

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3 Exhibit 3 - Declaration of Padres Unidos de Tulsa

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4 Exhibit 4 - Declaration of LULAC

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61 May 13, 2025

MOTION to Certify Class and to Appoint Class Counsel by Padres Unidos de Tulsa. (Attachments: # 1 Exhibit 1 - Declaration of Noor Zafar, # 2 Exhibit 2 - Declaration of Megan Lambert)(Awasthi, Devraat) (Entered: 05/13/2025)

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62 May 13, 2025

MOTION for Leave to Proceed Under Pseudonyms by Padres Unidos de Tulsa. (Awasthi, Devraat) (Entered: 05/13/2025)

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63 May 13, 2025

ORDER ~ Granting 59 Motion for Leave. Padres Unidos de Tulsa shall file the second amended complaint no later than May 14, 2025, as more fully set out in the Order. Signed by Judge Bernard M. Jones on 5/13/2025. (dwl) (Entered: 05/13/2025)

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64 May 13, 2025

AMENDED COMPLAINT against All Defendants filed by Padres Unidos de Tulsa, Christopher Coe, League of United Latin American Citizens Oklahoma City, Barbara Boe.(Awasthi, Devraat) (Entered: 05/13/2025)

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65 May 14, 2025

ORDER ~ Granting 57 Motion to Appear Pro Hac Vice. Grace Choi is hereby admitted to practice before this Court for the limited purpose of participating in this case. Signed by Judge Bernard M. Jones on 5/14/2025. (dwl) (Entered: 05/14/2025)

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66 May 14, 2025

ORDER ~ Defendants Attorney General Gentner Drummond, Oklahoma Department of Public Safety Commissioner Tim Tipton, Oklahoma County District Attorney Vicki Behenna, and Tulsa County District Attorney Steve Kunzweiler shall respond to the request for a TRO by 5:00 p.m. on May 15, 2025, as more fully set out in the Order. Signed by Judge Bernard M. Jones on 5/14/2025. (dwl) (Entered: 05/14/2025)

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67 May 14, 2025

ENTRY of Appearance by Megan E Lambert on behalf of League of United Latin American Citizens Oklahoma City (Lambert, Megan) (Entered: 05/14/2025)

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68 May 14, 2025

ENTRY of Appearance by Megan E Lambert on behalf of Barbara Boe (Lambert, Megan) (Entered: 05/14/2025)

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69 May 14, 2025

ENTRY of Appearance by Megan E Lambert on behalf of Christopher Coe(on behalf of all those similarly situated) (Lambert, Megan) (Entered: 05/14/2025)

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70 May 14, 2025

ENTRY of Appearance by Cody Wofsy on behalf of Barbara Boe, Christopher Coe(on behalf of all those similarly situated), League of United Latin American Citizens Oklahoma City (Wofsy, Cody) (Entered: 05/14/2025)

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71 May 14, 2025

ENTRY of Appearance by Noor Zafar on behalf of Barbara Boe, Christopher Coe(on behalf of all those similarly situated), League of United Latin American Citizens Oklahoma City (Zafar, Noor) (Entered: 05/14/2025)

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72 May 14, 2025

ENTRY of Appearance by Oscar Sarabia Roman on behalf of Barbara Boe, Christopher Coe(on behalf of all those similarly situated), League of United Latin American Citizens Oklahoma City (Sarabia Roman, Oscar) (Entered: 05/14/2025)

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73 May 14, 2025

ENTRY of Appearance by Spencer Elijah Wittmann Amdur on behalf of Barbara Boe, Christopher Coe(on behalf of all those similarly situated), League of United Latin American Citizens Oklahoma City (Amdur, Spencer) (Entered: 05/14/2025)

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74 May 14, 2025

ENTRY of Appearance by Omar Jadwat on behalf of Barbara Boe, Christopher Coe(on behalf of all those similarly situated), League of United Latin American Citizens Oklahoma City (Jadwat, Omar) (Entered: 05/14/2025)

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75 May 14, 2025

ENTRY of Appearance by Grace Choi on behalf of Barbara Boe, Christopher Coe(on behalf of all those similarly situated), League of United Latin American Citizens Oklahoma City, Padres Unidos de Tulsa (Choi, Grace) (Entered: 05/14/2025)

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76 May 15, 2025

RESPONSE in Opposition re 60 MOTION for Temporary Restraining Order or, in the Alternative, a Preliminary Injunction and Memorandum of Law in Support filed by Vicki Behenna, Gentner Drummond, Steve Kunzweiler, Tim Tipton. (West, Zachary) (Entered: 05/15/2025)

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77 May 16, 2025

ORDER ~ On May 14, 2025, this Court ordered Defendants to respond to Plaintiffs' request for a temporary restraining order by 5:00 p.m. on May 15, 2025. Defendants complied. If Plaintiffs wish to reply, they shall do so by 5:00 p.m. today. Signed by Judge Bernard M. Jones on 5/16/2025. (dwl) (Entered: 05/16/2025)

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78 May 16, 2025

REPLY to Response to Motion re 60 MOTION for Temporary Restraining Order or, in the Alternative, a Preliminary Injunction and Memorandum of Law in Support filed by All Plaintiffs. (Awasthi, Devraat) (Entered: 05/16/2025)

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79 May 19, 2025

USCA MANDATE Issued re 43 Notice of Appeal, filed by Tim Tipton, Gentner Drummond, Kevin Stitt, Oklahoma Department of Public Safety, Oklahoma State of. Mandate issued. [24-6144] (rp) (Entered: 05/19/2025)

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80 May 20, 2025

ORDER ~ The Court GRANTS Plaintiffs' motion for injunctive relief 60 to the extent it seeks a TRO; GRANTS Plaintiffs' motion for leave to proceed under pseudonyms 62 ; and GRANTS Plaintiff's motion for class certification 61 to the extent it seeks provisional certification for purposes of preliminary relief, as more fully set out in the Order. Signed by Judge Bernard M. Jones on 5/20/2025. (dwl) (Entered: 05/20/2025)

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81 May 22, 2025

ORDER ~ Defendants shall respond to Plaintiffs' request for a preliminary injunction by May 27, 2025. Plaintiffs, to the extent they wish to reply, shall do so by May 29, 2025. Signed by Judge Bernard M. Jones on 5/22/2025. (dwl) (Entered: 05/22/2025)

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82 May 27, 2025

RESPONSE in Opposition re 60 MOTION for Temporary Restraining Order or, in the Alternative, a Preliminary Injunction and Memorandum of Law in Support filed by Vicki Behenna, Gentner Drummond, Steve Kunzweiler, Tim Tipton. (Attachments: # 1 Exhibit 1 [021-1] Ex. 1 AG Drummond's Written Testimony (2024.06.13), # 2 Exhibit 2 [021-2] Ex. 2 Decl. of Donnie Anderson (2024.06.13))(West, Zachary) (Entered: 05/27/2025)

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83 May 28, 2025

UNOPPOSED MOTION for Leave to File Oversized Reply by Barbara Boe, Christopher Coe(on behalf of all those similarly situated), League of United Latin American Citizens Oklahoma City, Padres Unidos de Tulsa. (Lambert, Megan) (Entered: 05/28/2025)

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84 May 29, 2025

ORDER ~ Granting 83 Plaintiffs' unopposed motion for leave to file an oversized reply, not exceeding 20 pages. Signed by Judge Bernard M. Jones on 5/29/2025. (dwl) (Entered: 05/29/2025)

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85 May 29, 2025

ENTRY of Appearance by Elissa Stiles on behalf of Barbara Boe, Christopher Coe(on behalf of all those similarly situated), League of United Latin American Citizens Oklahoma City (Stiles, Elissa) (Entered: 05/29/2025)

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86 May 29, 2025

REPLY to Response to Motion re 60 MOTION for Temporary Restraining Order or, in the Alternative, a Preliminary Injunction and Memorandum of Law in Support filed by Barbara Boe, Christopher Coe(on behalf of all those similarly situated), League of United Latin American Citizens Oklahoma City, Padres Unidos de Tulsa. (Stiles, Elissa) (Entered: 05/29/2025)

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87 June 3, 2025

ORDER ~ Granting 60 MOTION for a Preliminary Injunction, as more fully set out in the Order. Plaintiffs shall post a bond of $17.87 as security. Signed by Judge Bernard M. Jones on 6/3/2025. (dwl) (Entered: 06/03/2025)

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88 June 4, 2025

NOTICE OF APPEAL as to 87 Order on Motion for TRO by Vicki Behenna, Gentner Drummond, Steve Kunzweiler, Tim Tipton. (Sweeney, Cullen) (Entered: 06/04/2025)

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89 June 5, 2025

PRELIMINARY RECORD LETTER - Electronic Transmission of Notice of Appeal with Preliminary Record sent to Tenth Circuit Court of Appeals re 88 Notice of Appeal (Attachments: # 1 Attachment 1 - Preliminary Record on Appeal)(rp) (Entered: 06/05/2025)

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90 June 5, 2025

Tenth Circuit USCA Case Number 25-6080 for 88 Notice of Appeal filed by Tim Tipton, Vicki Behenna, Gentner Drummond, Steve Kunzweiler. Civil case docketed. Preliminary record filed. DATE RECEIVED: 06/04/2025 Fee is due by 06/20/2025 for Vicki Behenna, Gentner Drummond, Steve Kunzweiler and Tim Tipton. Docketing statement and Transcript order form due 06/20/2025 for Vicki Behenna, Gentner Drummond, Steve Kunzweiler and Tim Tipton. Notice of appearance due on 06/20/2025 for Vicki Behenna, Barbara Boe, Christopher Coe, Rene Doroteo Hernandez, Gentner Drummond, Steve Kunzweiler, League of United Latin American Citizens Oklahoma City, Jordy Madrigal Martinez, Antonio Marquez, Ximena Monserrat Lopez Mena, Padres Unidos de Tulsa, and Tim Tipton. [25-6080] (rp) (Entered: 06/05/2025)

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91 June 11, 2025

Security BOND in the amount of $ 17.87 posted by Barbara Boe, Christopher Coe(on behalf of all those similarly situated), Christopher Coe(on behalf of themselves), League of United Latin American Citizens Oklahoma City, Padres Unidos de Tulsa. (alw) (Entered: 06/11/2025)

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92 June 17, 2025

MOTION to Withdraw as Attorney Tanya Broder by Rene Doroteo Hernandez, Ximena Monserrat Lopez Mena, Antonio Marquez, Jordy Madrigal Martinez, Padres Unidos de Tulsa. (Broder, Tanya) (Entered: 06/17/2025)

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93 June 17, 2025

ORDER of USCA as to 88 Notice of Appeal filed by Tim Tipton, Vicki Behenna, Gentner Drummond, Steve Kunzweiler. Order filed by Clerk of the Court granting attorney Tanya Broder's motion to withdraw as counsel for the Private Plaintiffs. Served on 06/17/2025. Text only entry - no attachment. [24-6144] (rp) (Entered: 06/18/2025)

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June 18, 2025

USCA Order

94 June 20, 2025

TRANSCRIPT Order Form by Vicki Behenna, Gentner Drummond, Steve Kunzweiler, Tim Tipton re 88 Notice of Appeal that transcripts are not necessary. (rp) (Entered: 06/20/2025)

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95 June 20, 2025

TRANSCRIPT LETTER advising no transcripts are necessary re 88 Notice of Appeal filed by Tim Tipton, Vicki Behenna, Gentner Drummond, Steve Kunzweiler. The record is ready for appeal purposes. (rp) (Entered: 06/20/2025)

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96 June 23, 2025

ORDER ~ Granting 92 Motion to Withdraw as Attorney. Tanya Broder is permitted to withdraw as counsel of record. Signed by Judge Bernard M. Jones on 6/23/2025. (dwl) (Entered: 06/23/2025)

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97 June 23, 2025

USCA Appeal Fees received in the amount of $605.00 receipt number 500012482 re 88 Notice of Appeal filed by Tim Tipton, Vicki Behenna, Gentner Drummond, Steve Kunzweiler. Receipt mailed to Maranda Spears at maranda.spears@oag.ok.gov (kb) (Entered: 06/23/2025)

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98 July 23, 2025

MOTION to Withdraw as Attorney Devraat Awasthi by Barbara Boe, Christopher Coe(on behalf of all those similarly situated), League of United Latin American Citizens Oklahoma City, Padres Unidos de Tulsa. (Awasthi, Devraat) (Entered: 07/23/2025)

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99 July 24, 2025

ORDER ~ Granting 98 Motion to Withdraw as Attorney. Devraat Awasthi is permitted to withdraw as counsel of record and is relieved of further participation in this matter. Signed by Judge Bernard M. Jones on 7/24/2025. (dwl) (Entered: 07/24/2025)

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Case Details

State / Territory:

Oklahoma

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations Involving the Government

Trump Administration 2.0: Reversing Course on Existing Litigation

Key Dates

Filing Date: May 21, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff initially was the Biden Administration Department of Justice. However, after President Trump's inauguration, the government changed its stance. The main plaintiffs then became Padres Unidos de Tulsa, an advocacy organization comprised of students, parents, and teachers.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Oklahoma Department of Public Safety

State of Oklahoma

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Commerce Power

Cruel and Unusual Punishment

Federalism (including 10th Amendment)

Supremacy Clause

Other Dockets:

Western District of Oklahoma 5:24-cv-00511

U.S. Court of Appeals for the Tenth Circuit 24-06144

U.S. Court of Appeals for the Tenth Circuit 25-06080

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Criminal prosecution

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation

Recommended Citation