Filed Date: May 23, 2024
Case Ongoing
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This case challenges Oklahoma House Bill 4156 (H.B. 4156), enacted in April 2024, which established the crime of “impermissible occupation” and authorized Oklahoma law enforcement to arrest individuals for being present in the United States without legal authorization. Notably, the bill 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, an advocacy organization comprising students, parents, and teachers, filed this lawsuit in the U.S. District Court for the Western District of Oklahoma against the Oklahoma Attorney General, the Tulsa County District Attorney, the Oklahoma County District Attorney, and the Public Safety Commissioner. Judge David L. Russell was initially assigned, but Judge Bernard M. Jones was reassigned to the case on May 24, 2025.
Invoking the Supremacy Clause, Commerce Clause, Eighth Amendment, and Fourteenth Amendment, plaintiffs alleged that H.B. 4156 violated the Supremacy Clause by conflicting with federal immigration law and intruding into an area reserved exclusively to the federal government. They argued that the law violated the Commerce Clause by restricting individuals’ movement across state and national borders, thereby burdening interstate and foreign commerce. Finally, they claimed that requiring noncitizens convicted under the statute to leave Oklahoma within seventy-two hours amounted to banishment and constituted cruel and unusual punishment in violation of the Eighth Amendment.
Represented by the American Civil Liberties Union (ACLU), the ACLU of Oklahoma, and the National Immigration Law Center, plaintiffs sought attorneys' fees, and declaratory and injunctive relief to enjoin defendants from enforcing H.B. 4156, specifically seeking a declaration that H.B. 4156 is unconstitutional, preempted by federal law, and an order enjoining the defendants from enforcing the bill.
On May 24, 2024, the plaintiffs filed an amended complaint, adding three individual plaintiffs who would face “severe hardship” if detained or removed under H.B. 4156. The same day, the plaintiffs filed a motion for a preliminary injunction to halt the implementation of H.B. 4156 while the case was adjudicated.
On June 5, 2024, the court consolidated this case with the federal government’s parallel lawsuit United States v. Oklahoma, 5:24-cv-00511 (W.D. Okla.), brought by the Biden administration to challenge the constitutionality of H.B. 4156.
On June 28, 2024, just before H.B. 4156 was set to take effect on July 1, the court granted the plaintiffs’ motion for a preliminary injunction, finding H.B. 4156 likely preempted under both field and conflict preemption doctrines, and effectively blocking enforcement. 2024 WL 3449197.
On March 14, 2025, the U.S. Department of Justice voluntarily dismissed the lawsuit following the change in presidential administration. In response, Oklahoma signaled its intent to enforce H.B. 4156, prompting renewed litigation activity in the consolidated case.
The case is ongoing.
Summary Authors
Madilynn O'Hara (4/5/2025)
Nithya Arun (10/15/2025)
United States v. Oklahoma, Western District of Oklahoma (2024)
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 Oct. 23, 2025, 11:46 p.m.
State / Territory: Oklahoma
Case Type(s):
Special Collection(s):
Trump Administration 2.0: Litigation and Investigations Involving the Government
Trump Administration 2.0: Reversing Course on Existing Litigation
Key Dates
Filing Date: May 23, 2024
Case Ongoing: Yes
Plaintiffs
Plaintiff Description:
Padres Unidos de Tulsa, an advocacy organization comprised of students, parents, and teachers
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:
Preliminary injunction / Temp. restraining order
Source of Relief:
Content of Injunction:
Order Duration: 2025 - None
Issues
Discrimination Basis:
Affected National Origin/Ethnicity(s):
Immigration/Border: