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. As of March 15, 2025, the court has not closed the case.

Summary Authors

Colton French (2/12/2025)

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)

Awasthi, Devraat (Oklahoma)

Baldi, Maxwell A.

Broder, Tanya (Oklahoma)

Attorney for Defendant
Expert/Monitor/Master/Other

Chaffin, John A (Oklahoma)

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Documents in the Clearinghouse

Document
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

Docket

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

Last updated March 15, 2025, 2:45 p.m.

ECF Number Description Date Link Date / Link
1

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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May 21, 2024

May 21, 2024

Clearinghouse
2

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

May 21, 2024

May 21, 2024

PACER
3

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

May 22, 2024

May 22, 2024

PACER
4

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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May 22, 2024

May 22, 2024

PACER
5

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

May 22, 2024

May 22, 2024

PACER
6

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)

May 29, 2024

May 29, 2024

PACER
7

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)

May 29, 2024

May 29, 2024

PACER
8

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)

May 29, 2024

May 29, 2024

PACER
9

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)

May 29, 2024

May 29, 2024

PACER
10

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)

May 29, 2024

May 29, 2024

PACER
11

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)

June 5, 2024

June 5, 2024

PACER
12

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)

June 5, 2024

June 5, 2024

PACER
13

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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June 5, 2024

June 5, 2024

Clearinghouse
14

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)

June 5, 2024

June 5, 2024

PACER
15

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)

June 5, 2024

June 5, 2024

PACER
16

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)

June 5, 2024

June 5, 2024

RECAP
17

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)

June 5, 2024

June 5, 2024

Clearinghouse
18

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

June 5, 2024

June 5, 2024

PACER
19

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)

June 6, 2024

June 6, 2024

PACER
20

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)

June 7, 2024

June 7, 2024

PACER
21

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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June 13, 2024

June 13, 2024

RECAP
22

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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June 17, 2024

June 17, 2024

PACER
23

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

June 17, 2024

June 17, 2024

PACER
24

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)

June 17, 2024

June 17, 2024

PACER
25

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

June 17, 2024

June 17, 2024

PACER
26

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)

June 17, 2024

June 17, 2024

PACER
27

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)

June 17, 2024

June 17, 2024

PACER
28

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)

June 18, 2024

June 18, 2024

PACER
29

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)

June 18, 2024

June 18, 2024

PACER
30

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)

June 27, 2024

June 27, 2024

PACER
31

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)

June 27, 2024

June 27, 2024

PACER
32

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)

June 27, 2024

June 27, 2024

PACER
33

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)

June 27, 2024

June 27, 2024

PACER
34

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)

June 27, 2024

June 27, 2024

PACER
35

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)

June 27, 2024

June 27, 2024

PACER
36

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)

June 27, 2024

June 27, 2024

PACER
37

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)

June 28, 2024

June 28, 2024

PACER
38

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)

June 28, 2024

June 28, 2024

PACER
39

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)

June 28, 2024

June 28, 2024

Clearinghouse
40

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)

June 28, 2024

June 28, 2024

RECAP
41

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

July 2, 2024

July 2, 2024

PACER
42

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)

July 8, 2024

July 8, 2024

PACER
43

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)

July 17, 2024

July 17, 2024

PACER
44

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)

July 17, 2024

July 17, 2024

PACER
45

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)

July 17, 2024

July 17, 2024

PACER
46

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)

July 26, 2024

July 26, 2024

PACER
47

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)

July 26, 2024

July 26, 2024

PACER
48

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

Jan. 17, 2025

Jan. 17, 2025

RECAP
49

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)

Jan. 17, 2025

Jan. 17, 2025

PACER
50

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

March 14, 2025

March 14, 2025

Clearinghouse

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: Litigation and Investigations Involving the Government

Key Dates

Filing Date: May 21, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is the United States Government.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Oklahoma, State

Oklahoma Department of Public Safety, State

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

Federalism (including 10th Amendment)

Supremacy Clause

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

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