Oklahoma is fighting a court decision that said state immigration laws are blocked by a U.S. Supreme Court ruling. The state argues that not all state immigration efforts are affected by this ruling. Oklahoma’s law makes it illegal for unauthorized immigrants to be in the state.

In 2012, the Supreme Court ruled against Arizona’s law that required people to show proof of their legal status. The Biden administration referenced this decision when it challenged Oklahoma’s law. However, Oklahoma says that only one part of the Arizona law limited its implementation, and its law does not include that part. Arizona required noncitizens to register with the state. Oklahoma’s law simply states that unauthorized individuals cannot stay in the state if they enter the U.S. illegally. No registration is required.

In June, a U.S. District Judge used the Arizona case to support the Biden administration’s request to pause Oklahoma’s law. In a 2020 case called Kansas v. Garcia, the Supreme Court upheld Kansas laws regarding noncitizens who used stolen Social Security numbers on employment-related forms. The Court decided that Kansas laws were not affected by federal immigration law, which Oklahoma believes supports its own law.

As always, we actively monitor ongoing efforts that may affect U.S. immigration. If you have questions about how state laws may affect you or any other U.S. immigration issue, contact us. Our team of experienced attorneys works directly with our clients every step of the way, keeping them informed throughout the process.