OKLAHOMA CITY (KFOR) – An Oklahoma immigration attorney is weighing in on a contentious Texas law that would give state law enforcement the ability to detain people suspected of illegally entering the country.

An appeals court ruled late Tuesday the law, known as Senate Bill 4, should be blocked after getting the green light from the Supreme Court.

The law in question would allow law enforcement to arrest people suspected of illegally crossing the U.S.-Mexico border or illegally entering the country through another means. It would also give Texas judges the power to order people be deported.

“I don’t see how Texas law could enforce it,” said Oklahoma immigration attorney Vance Winningham. “They don’t have facilities to enforce it.”

Winningham told News 4 that he imagined trying to enforce the law would be chaos, given his familiarity with immigration law.

He said he can’t in good conscience recommend any immigrant, regardless of what documentation they do have, make the drive down to Texas if the law is allowed to go into effect.

“I wouldn’t go unless I was a U.S. citizen,” said Winningham. “If you’re already there, I would search your right not to have to furnish any documents.”

Winningham said if the law does take effect and you are stopped then you need to be aware of the rights you do have as a citizen.

“The Fourth and Fifth amendment rights against unreasonable searches and self-incrimination is the first thing you should invoke if you’re stopped,” said Winningham. “Really the only information you have to give, or are required to are your name, place of residence and date of birth.”

Winningham said if you show any other documents other than a U.S. passport under the law you would leave yourself open to potential arrest.

If you’re asked for additional documents, Winningham said you can tell a law enforcement officer that you aren’t legally required to have them and ask for an attorney.

“I think when it goes back to the Supreme Court, I can’t in my wildest dreams see that they’d allow this to happen,” said Winningham. “It crosses a path and is a completely upturned federal immigration system, which the constitution is vested in under the authority of the federal government and other states.”

Oklahoma Attorney General Gentner Drummond is praising efforts to address the illegal immigration crisis.

“Public safety is my paramount concern,” Drummond said, in a statement urging Oklahoma legislators to pass similar legislation to what’s being considered in Texas.

“The Supreme Court may well be poised to set new precedent allowing state law enforcement to act,” said Drummond. “If and when that day comes, I want Oklahoma to be prepared with a robust law that empowers local law enforcement.”

Winningham said he expected Drummond’s trend of support and push for new laws to continue across other states if the Texas law goes forward.

“If this statute was to be upheld, I’m sure many states would try and enact it,” said Winningham.

News 4 also received the following statement below from ACLU of Oklahoma which issued a travel advisory related to the Texas law in December:

“The ACLU of Oklahoma continues to monitor the rapidly changing environment at the Texas border. What we do know is our immigration system is broken, and we need solutions to create a more just, humane, and efficient system. The way Texas politicians treat immigrants seeking safety and hope is heartless and out of touch with who we aspire to be as a country. And we have seen Oklahoma politicians follow a similar path with bills like HB 3071. Texas’ SB 4 is a racist and extremist law that will not only detain people seeking safety but also creates an unconstitutional process in which Texas police are permitted to detain people suspected of being non-U.S. citizens. This will undoubtedly lead to racial profiling and will subject thousands of Black and Brown people to the state prison system, which is already rife with civil rights abuses. It is for these reasons the ACLU of Oklahoma and other affiliates bordering Texas have issued a travel advisory to the state, urging our communities to exercise increased caution due to risk of civil and constitutional rights violations.” 

Tamya Cox-Touré, ACLU of Oklahoma Executive Director

Oklahoma Speaker of the House Charles McCall (R-Atoka) also expressed interest in aligning Oklahoma law with Texas Senate Bill 4. McCall issued a statement Wednesday that said he intends to file legislation to secure the Oklahoma border against the ongoing illegal immigration crisis. You can read McCall’s full statement below:

“The failed policies of the Biden Administration have turned every state into a border state,” McCall said. “Oklahoma is a law and order state, and should be the last place illegal immigrants want to settle when they cross over the border. For those reasons, and in light of recent court rulings regarding Senate Bill 4 out of Texas, I am immediately introducing legislation to secure the borders of Oklahoma in the same fashion as our neighbors to the south. Oklahoma will stand ready to defend its borders from all who would enter our country illegally.”

Oklahoma Speaker of the House Charles McCall (R-Atoka)