Sweeping Immigration Reforms: A Closer Look at Republican-led Initiatives in Non-Border States

As the 2024 elections draw nearer, there's a new trend emerging in the American political landscape.Republican-led states, situated quite far from the US-Mexico border, are now prioritizing broader immigration enforcement powers for local police. Moreover, they're pushing for the imposition of criminal penalties on those residing in the country unlawfully.

The Pioneering State: Oklahoma

This week, the Oklahoma Legislature expedited a bill, which is now awaiting the governor's approval. The law seeks to establish a new crime, termed as the "impermissible occupation," which proposes penalties of up to two years in prison for those present in the state illegally.

Oklahoma is just one among several GOP-led states that have initiated a deeper plunge into immigration enforcement. Both Republican and Democratic parties are emphasizing this issue, as evident from President Joe Biden and former President Donald Trump's visit to the U.S.-Mexico border on the same day in February. The two leaders bickered over who should be held accountable for the nation's broken immigration system and the probable remedies for it.

Texas: Setting the Precedent

The initiative taken by the lawmakers in Oklahoma has been markedly inspired by Texas. Last year, Governor Greg Abbott of Texas signed a bill that gave the state the power to arrest and deport individuals who entered the U.S. illegally. The law is currently suspended due to a challenge by the U.S. Department of Justice, which is being considered by the 5th U.S. Circuit Court of Appeals.

Critics of the law regard it as the most audacious attempt by a state to regulate immigration since an Arizona law, parts of which were nullified by the Supreme Court over a decade ago.

Oklahoma's Bill: What's Inside It?

Oklahoma's proposed law criminalizes staying in the state without legal authorization. The first offense is classified as a misdemeanor, punishable by up to a year in jail. Offenders are required to leave the state within 72 hours of being released from custody. A second and subsequent offense would be classified as a felony, carrying a penalty of up to two years in prison.

Senate President Pro Tempore Greg Treat, who carried the bill in the Senate, expressed disappointment with the federal government and Congress for their inaction in resolving the immigration problem.

"The federal government has failed. The U.S. Congress, they have not done anything to impact it," said Treat, an Oklahoma City Republican. "So what can we do? We can say you have to be here legally in Oklahoma."

Around a hundred people gathered outside the state Capitol in protest of the bill. Among them was Sam Wargin Grimaldo, a 36-year-old attorney from south Oklahoma City, who urged those present to register to vote and engage more politically. Grimaldo stated that many Latinos in Oklahoma are terrified about the new law.

Developments in Other States

Tennessee Governor Bill Lee signed a bill necessitating law enforcement agencies to communicate with federal immigration authorities upon discovering individuals in the country illegally. The bill also broadly mandates cooperation in the process of identifying, detaining, and deporting such individuals. This law will come into effect from July 1. Another proposal in Tennessee would allow sentencing enhancements up to life imprisonment for someone in the country illegally who commits a violent crime.

In Iowa, Republican Governor Kim Reynolds signed a bill this month that mirrors a part of the Texas law. Louisiana is also working on a Texas-style bill. Idaho lawmakers considered a similar measure, but the legislative session ended without the bill being passed.

Georgia lawmakers passed a bill that compels jailers to check immigration status. This is a part of the political response to the murder of a nursing student on the University of Georgia campus, allegedly by a Venezuelan man.

Florida Governor Ron DeSantis signed a bill last month to enhance prison and jail sentences for immigrants in the United States illegally if they are convicted of felonies or of driving without a license.

The Road Ahead

Many of these newly enacted laws are expected to face legal challenges, as immigration is a federal issue, not a state one, under the U.S. Constitution. Kelli Stump, an immigration attorney in Oklahoma City and the president-elect of the American Immigration Lawyers Association, stated:

"The whole thing is a mess and the system is broken, but the Constitution says that states handle state issues and the feds handle federal issues. This will ultimately end up at the Supreme Court if I’m a betting person."

The electoral clout of immigration policy, coupled with the ongoing legal battles, ensures that this issue will remain at the forefront of American political discourse in the lead-up to the 2024 elections.