§74-20j. Enforcement of federal immigration and customs laws -
374 words·~2 min read·
/ok/title-74-state-government/74-20j·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Memorandum of Understanding - Limitation of exchange of information regarding immigration status prohibited - Private right of action.
A. The Attorney General is authorized and directed to negotiate the terms of a Memorandum of Understanding between the State of Oklahoma and the United States Department of Justice or the United States Department of Homeland Security, as provided by Section 1357(g) of Title 8 of the United States Code, concerning the enforcement of federal immigration and customs laws, detention and removals, and investigations in the State of Oklahoma.
B. The Memorandum of Understanding negotiated pursuant to subsection A of this section shall be signed on behalf of this state by the Attorney General and the Governor or as otherwise required by the appropriate federal agency.
C. No local government, whether acting through its governing body or by an initiative, referendum, or any other process, shall enact any ordinance or policy that limits or prohibits a law enforcement officer, local official, or local government employee from communicating or cooperating with federal officials with regard to the immigration status of any person within this state.
D. Notwithstanding any other provision of law, no government entity or official within the State of Oklahoma may prohibit, or in any way restrict, any government entity or official from sending to, or receiving from, the United States Department of Homeland Security, information regarding the citizenship or immigration status, lawful or unlawful, of any individual.
E. Notwithstanding any other provision of law, no person or agency may prohibit, or in any way restrict, a public employee from doing any of the following with respect to information regarding the immigration status, lawful or unlawful, of any individual:
1. Sending such information to, or requesting or receiving such information from, the United States Department of Homeland Security;
2. Maintaining such information; or
3. Exchanging such information with any other federal, state, or local government entity.
F. The provisions of this section shall allow for a private right of action by any natural or legal person lawfully domiciled in this state to file for a writ of mandamus to compel any noncooperating local or state governmental agency to comply with such reporting laws. Added by Laws 2007, c. 112, § 10, eff. Nov. 1, 2007.