The Trump administration moved on Friday to dismiss lawsuits against Iowa and Oklahoma regarding state laws criminalizing undocumented immigration. The Biden administration’s Department of Justice (DOJ) filed the lawsuits in 2024 over Iowa’s Senate File (SF) 2340 and Oklahoma’s House Bill (HB) 4156, charging that they violate the US Constitution’s Supremacy Clause and Foreign Commerce Clause.
SF 2340 created a new state crime for unlawful reentry and required judges to order removal from the US. HB 4156 also created a state crime for unlawful entry, reentry, and presence in the US. It also required noncitizens convicted of violating its provisions to leave the state of Oklahoma.
The DOJ asserted that SF 2340 and HB 4156 were unconstitutional because they infringed on the federal government’s Constitutional right to regulate immigration. Additionally, the DOJ cited Arizona v. United States to affirm that federal law takes precedence over state law. In that case, the US Supreme Court held that decisions to remove noncitizens touch “on foreign relations and must be made with one voice.”
Oklahoma Attorney General Gentner Drummond reacted positively to the Trump administration’s dismissal of the lawsuit. He stated on Friday that “The nation’s porous southern border has been a serious threat to the safety and security of Oklahomans. The sooner we can finally enforce HB 4156, the better.”
Iowa Attorney General Brenna Bird had a similar response, saying that “President Trump proved that he has Iowa’s back and showcased his commitment to Making America Safe Again by dropping Biden’s ridiculous lawsuit.”