Law Targeting Immigrants Creates Uncertainty

By Estela Castillo Melia, Oklahoma Voice

OKLAHOMA CITY — A state law aimed at forcing some immigrants to leave the state has created fear, uncertainty and tension, and left families worried about what future enforcement might mean for their safety and stability, advocates say.  

While implementation of House Bill 4156 has been placed on hold by a federal judge amid ongoing constitutionality challenges, advocates who work with the state’s immigrant communities say the 2024 law, which creates a new crime called “impermissible occupation,” continues to generate fear across the state.

The measure, which was the first of its kind in the nation, would make it a state crime to be in Oklahoma without legal authorization.  It allows state and local law enforcement to arrest anyone suspected of being unlawfully present. A first offense could result in a misdemeanor charge, punishable by up to one year in jail, a $500 fine, or both. Repeat offenses could lead to felony charges, and anyone convicted could face increased jail time or fines and would be required to leave the state within 72 hours.

The Rev. Tim Luschen, a priest at Our Lady of Mt. Carmel and Saint Therese Little Flower Church in Oklahoma City, said many of his parishioners felt fear and confusion when HB 4156 became law. 

“People were shocked and began to make plans for themselves and their families,” he said.

Luschen said anxiety grew as families worried about being detained or separated. 

“Some people grew afraid to venture out in public — to church, to school, or to the grocery store,” he said.

The enforcement debate has also spilled onto college campuses. 

Emma Martinez, University of Central Oklahoma student body vice president, recently became a U.S. citizen but said the law still feels deeply personal.

“HB 4156 fails to protect children, naturalized immigrants, and those who are actively navigating the immigration system,” she said.

She said it has created fear and division among Oklahomans.

“It has become more common to hear stories of people being afraid of going to work or running errands due to the fear of being stopped and asked for documentation,” Martinez said.

Despite being a U.S. citizen, Martinez said she’s felt discomfort when questioned about her legal status. She’s also been hesitant to speak Spanish in public. 

Still, Martinez believes awareness and solidarity can help counter that fear. She encourages Oklahomans to stay informed, support immigrant-led organizations, and remind others that “going to work or getting an education is not a crime.”

The Oklahoma Attorney General’s Office, meanwhile, continues to push for the ability to enforce the law. They have the backing of the Trump administration, which filed a legal brief arguing the lower court erred in blocking the law and that the statute “supplements, not undermines” federal immigration enforcement.

The Attorney General’s Office did not respond to request for comment.

As uncertainty continues, advocacy groups said they are stepping forward to support immigrant families and to challenge the constitutionality of law in court. 

League of United Latin American Citizens (LULAC), one of the plaintiffs challenging the law, has been at the forefront of efforts to bring awareness to the law’s impact.

Cristian Zapata, who served as president of LULAC’s Oklahoma City council when the bill was introduced, said his group organized a protest as the state Senate prepared to vote, filling the Capitol with immigrants from across Oklahoma. Although the measure still passed, the demonstration sent a message.

“We wanted to make sure they didn’t pass it in silence,” he said. “After that, we gathered hundreds of thousands of signatures asking the governor to reconsider.”

Despite the setback, Zapata said the organization remains committed to standing with Oklahoma’s immigrant community.

“We continue to fight for them every single day,” he said. “Diversity continues to be our greatest strength — it’s what makes not just Oklahoma, but this country, great.”

Travis Handler, an attorney with the American Civil Liberties Union, said all Oklahomans, regardless of their immigration status, have “the right to build a life free from fear and persecution.

“Immigrants make Oklahoma stronger,” Handler said. “They’re not political pawns—they’re people with families, jobs, and dreams just like anyone else.”

Editor’s note: This story was produced through a reporting partnership between Oklahoma Voice and the University of Central Oklahoma’s journalism program.