Crimes and punishments; unlawful immigration; making certain acts unlawful; penalties; emergency.
HB1362 amends Oklahoma’s existing unlawful immigration statute to create and expand criminal penalties for certain noncitizens who are present in the state without legal authorization. The bill defines an “impermissible occupation” as an alien who willfully enters and remains in Oklahoma without first obtaining legal authorization to enter the United States, and it makes that conduct a misdemeanor for a first offense and a felony for repeat offenses or offenses committed during another crime. It also adds a separate felony penalty for a person arrested for another criminal law violation who is later determined to be unlawfully present in the United States.
The bill authorizes a cash bond of at least $35,000 for a person arrested under the section and allows a court, in some cases, to dismiss the prosecution and order the person to return to their country of origin instead of serving a prison sentence. It further requires the Department of Corrections to notify U.S. Customs and Border Protection within seven days to arrange transportation for repatriation, and it directs law enforcement to collect fingerprints and other biometric data and cross-reference those records with criminal and national-security databases. The bill also bars probation or delayed sentencing and declares state preemption over local laws on the subject, prohibiting municipalities and other political subdivisions from adopting conflicting policies.
The overall sentiment reflected in the vote history appears supportive in the House, with the bill advancing through committee and passing third reading by a substantial margin. The committee votes show some opposition, but the measure moved forward with clear majorities at each stage. No committee transcript is available, so the record does not provide detailed debate or sponsor testimony.
The main points of contention likely center on immigration enforcement, state authority, and the severity of the penalties. The bill’s broad criminalization of unlawful presence, mandatory detention-related provisions, high cash bond, and repatriation procedures are likely to draw concern from critics who may view it as overly punitive or potentially conflicting with federal immigration authority. Supporters appear to favor stronger state-level enforcement and uniform statewide rules, as reflected in the bill’s express preemption of local action.
HB1362 would significantly expand Oklahoma criminal law by creating new immigration-related offenses and increasing penalties for unlawful presence in the state. It amends 21 O.S. Supp. 2024, Section 1795, to add misdemeanor and felony consequences, restrict probation and delayed sentencing, authorize a minimum cash bond, and require biometric data collection and database checks by law enforcement. It also directs the Department of Corrections and federal immigration authorities to coordinate repatriation and expressly preempts local governments from adopting conflicting immigration-related policies.
The bill appears to have generally favorable momentum in the House, passing both committees and third reading with comfortable margins. The vote history suggests support for stricter immigration enforcement, though the presence of several nays in committee and on the floor indicates meaningful opposition. Because there are no committee transcripts, the specific arguments for and against the bill are not documented in the provided materials.
The most notable contention is over the bill’s aggressive approach to unlawful immigration enforcement, including criminal penalties for mere presence, mandatory removal-related procedures, and a high cash bond. Critics are likely to object to the breadth of the offense definitions, the use of state criminal law in an area closely tied to federal immigration policy, and the preemption of local authority. Supporters, by contrast, appear focused on statewide uniformity, public safety, and stronger enforcement tools against unauthorized presence and repeat offenders.