Filed Date: May 23, 2024
Closed Date: June 5, 2024
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This case is a challenge to Oklahoma House Bill 4156 (“H.B. 4156”), which created the crime of "impermissible occupation" and allowed law enforcement in Oklahoma to arrest people for being in the U.S. without legal authorization.
In April 2024, Oklahoma enacted House Bill 4156 (H.B. 4156), introducing the crime of "impermissible occupation," which authorized state and local law enforcement to arrest individuals suspected of being in the United States without legal authorization. The law did not provide a defense for people currently seeking asylum, other humanitarian protection, or any other relief available under federal law.
On May 23, 2024, Padres Unidos de Tulsa, a membership-based advocacy organization comprising students, parents, and teachers, along with an individual plaintiff, filed a lawsuit in the U.S. District Court for the Western District of Oklahoma challenging H.B. 4156. The plaintiffs were represented by the American Civil Liberties Union (ACLU), the ACLU of Oklahoma, the National Immigration Law Center, and the private counsel. The defendants included Oklahoma Attorney General, Tulsa County District Attorney, Oklahoma County District Attorney, and Public Safety Commissioner. Plaintiffs filed suit 42 U.S.C. § 1983, alleging that H.B. 4156 violated the Supremacy Clause and Commerce Clause of the U.S. Constitution, as well as the Eighth and Fourteenth Amendments. Plaintiffs sought declaratory and injunctive relief to enjoin Defendants from enforcing H.B. 4156, and attorneys' fees.
On Count I, Plaintiffs alleged that H.B. 4156 violated the Supremacy Clause because it attempted to regulate immigration – a matter exclusively reserved for the federal government. Further, H.B. 4156 further violated the Supremacy Clause because it conflicted with federal laws.
On Count II, Plaintiffs alleged that H.B. 4156 violated the Commerce Clause because it impermissibly regulated people’s entry into Oklahoma and their movement across state and national borders, posing unacceptable burdens on interstate and foreign commerce.
On Count III, Plaintiffs alleged that H.B. 4156 violated the Eighth Amendment because it required noncitizens convicted of state illegal entry or state illegal reentry to leave the State within seventy two hours of their conviction or release from custody, resulting in their banishment from the State and constituting cruel and unusual punishment.
The case was assigned to Judge David L. Russell and later reassigned to Judge Bernard M. Jones.
The following day, Plaintiffs filed an amended complaint, adding additional individual plaintiffs who would face “severe hardship” detained or removed under H.B. 4156.
On May 24, 2024, Plaintiffs filed a motion for a preliminary injunction to halt the implementation of H.B. 4156 while the case was adjudicated.
Subsequently, the case was consolidated with a similar lawsuit, United States v. Oklahoma 5:24-cv-00511 (W.D. Okla.), a lawsuit brought by the Biden administration also challenging the constitutionality of H.B. 4156.
The Trump administration moved to dismiss the consolidated cases on March 14, 2025. A final order is pending.
Summary Authors
Madilynn O'Hara (4/5/2025)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68561192/parties/padres-unidos-de-tulsa-v-drummond/
Jones, Bernard M. (Oklahoma)
Amdur, Spencer Elijah (Oklahoma)
Awasthi, Devraat (Oklahoma)
Jadwat, Omar (Oklahoma)
Gaskins, Garry M (Oklahoma)
See docket on RECAP: https://www.courtlistener.com/docket/68561192/padres-unidos-de-tulsa-v-drummond/
Last updated April 21, 2025, 2:55 p.m.
State / Territory: Oklahoma
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Litigation and Investigations Involving the Government
Key Dates
Filing Date: May 23, 2024
Closing Date: June 5, 2024
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Los Padres Unidos, a membership-based advocacy organization comprising students, parents, and teachers, and several individual residents in Oklahoma
Plaintiff Type(s):
Non-profit NON-religious organization
Attorney Organizations:
National Immigration Law Center
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Oklahoma Attorney General, State
Tulsa County District Attorney (Tulsa), County
Oklahoma County District Attorney (Oklahoma), County
Public Safety Commissioner, State
Defendant Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Due Process: Procedural Due Process
Due Process: Substantive Due Process
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
Discrimination Basis:
Affected National Origin/Ethnicity(s):
Immigration/Border: