Litigation surrounding immigration; Attorney in new lawsuit talks to News 4
OKLAHOMA CITY (KFOR) — An attorney representing the plaintiffs in the second lawsuit against the state over the new immigration law spoke with News 4 and responded to what the governor said Friday about the litigation.
"Newsflash, you can't come into our country illegally," said Governor Kevin Stitt.
"Some of these people that come to our country came when they were children. So they were brought in with family members and didn't have a say in it," said Elissa Stiles, an attorney with Rivas & Associates.
The firm is based out of Tulsa but serves clients all over. Their clients in the recent lawsuit are Ximena Monserrat Lopez Mena, a 20-year-old Oklahoma City resident who was brought to the United States when she was one year old, and Padres de Unidos of Tulsa.
Rivas & Associates filed along with the American Civil Liberties Union.
"Ximena is a really good example of this. This is punishing people for the crimes of parents or others," said Stiles.
The U.S. Department of Justice filed the first lawsuit on Wednesday.
The new lawsuits filed against the state claim that the new measure would end up violating the constitution. It specifically points to what it alleges is an overstepping of the job of the federal government when it comes to immigration.
"It's just so poorly written," said Stiles.
Oklahoma Attorney General Gentner Drummond was one of the first to think of this sort of legislation and said in response to the DOJ litigation that he is confident the state will win.
"Neither the Biden administration nor the ACLU will keep Oklahoma from working to ensure public safety. Our state has a sovereign right to protect our people, and I will vigorously defend our immigration reform law in court,"
Gentner Drummond, Oklahoma Attorney General
Governor Stitt signed the bill into law allowing local law enforcement to arrest individuals believed to be committing an “impermissible occupation” in the state of Oklahoma.
A first-time conviction would lead to a misdemeanor charge of up to one year in county jail and a $500 fine. Those convicted a second time would face a felony charge of up to two years in county jail and a $1,000 fine.
Both convictions would require the undocumented migrant to leave the state within 72 hours of being released from custody.
"It's going to tear apart communities, tear apart families. And I know deep down, Governor Stitt, that's not what you want," said Stiles.
"They're not going to be rounding up anybody," said Governor Stitt. "But I will say that we are going to be a law and order state. And if you're breaking the law, you're not welcome here."
"Many of the people who are going to be affected by this bill may have come into the country without permission decades ago and to now be threatening to punish them for that when they have, in many cases already applied for status, are doing everything they can," said Stiles.
Stiles argued that the bill is poorly written and even though legislators have said police won't start arresting anybody, she said that doesn't look to be the case.
"What I want to say is that the law is not written that way, the law is written so that police can go and search for people and just pick them up because they think they are here illegally," said Stiles.
"Law enforcement is probably going to enforce it when they catch someone in the illegal marijuana industry. This just gives them more tools in their toolbelt," said Governor Stitt.
"Actually, now the victims of crimes who are here illegally are going to be afraid to call police because they could be the ones arrested," said Stiles. "The law is very short and it is poorly written. It allows for action like what I said to be taken regardless of what state officials might say in their offices when they're not the ones out there enforcing the law."