(NewsNation) — Charles McCall, the speaker of the Oklahoma House of Representatives, defended the state’s new law cracking down on illegal immigration, saying it is not unconstitutional, as the U.S. Justice Department is claiming in a lawsuit.
The law gives law enforcement authority to determine if someone is in the state under “impermissible occupation.” Those found to lack legal residency are given 72 hours to leave Oklahoma. Failing to depart or return after being expelled is a felony punishable by fines and potential incarceration.
McCall also responded to critics who say the law amounts to racial profiling, something McCall said “is illegal in the state of Oklahoma, and will continue to be illegal.”
McCall said Wednesday on “NewsNation Now” the new law simply means that “through lawful contact, law enforcement is authorized to determine whether someone is here with an impermissible occupation.”
The Justice Department sued Oklahoma on Tuesday over the law. Similar laws passed in Texas and Iowa already are facing challenges from the Justice Department.
McCall said the law does not conflict with the court’s rulings against parts of Texas’ SB4 immigration law. The Oklahoma approach merely allows the state “to enforce laws and civil trespass within our own state,” McCall claimed.
The Oklahoma City police chief disagreed, saying the statute “is creating more issues than it’s actually solving” by potentially requiring all residents to prove legal status during routine interactions.
But McCall asserted the law will “protect our borders and protect the public safety” due to federal inaction on illegal immigration. He expects other states to follow Oklahoma’s lead to pressure Washington into reforms.
Oklahoma is among several GOP states jockeying to push deeper into immigration enforcement as both Republicans and Democrats seize on the issue. Other bills targeting migrants have been passed this year in Florida, Georgia and Tennessee.
The Justice Department says the Oklahoma statute violates the U.S. Constitution and is asking the court to declare it invalid and bar the state from enforcing it.
The Associated Press contributed to this report.