Hardin Disappointed as HB4090 Stalls in House

Mar 21, 2024
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Rep. David Hardin, R-Stilwell, commented on House Bill 4090, which failed to progress following the House of Representatives' third-reading deadline for bills from their chamber of origin.

HB4090 proposed criminalizing unlawful presence in the United States. Under the bill, if a person is arrested and found to be illegally present in Oklahoma, they would be charged with a felony and subject to a minimum penalty of five years imprisonment.

"It's disappointing that House Bill 4090 failed to advance," Hardin said. "Under Joe Biden's administration, the border crisis has reached unprecedented levels, forcing states to act on their own. This legislation could have served as a significant move toward addressing the urgent problem of illegal immigration within our state. Instead, we continue to ineffectively manage the influx of individuals entering Oklahoma illegally."

Under HB4090, a person arrested may post a cash bond of at least $100,000. Alternatively, the court could issue a written order requiring the person to return to the foreign nation from which the person entered if the person agrees to the order, has not previously been convicted of a violent crime, and is not charged with another felony offense.

The measure would require the Department of Corrections to notify the United States Customs and Border Protection of the Department of Homeland Security to arrange transportation for the repatriation of the person.

In 2023, Hardin visited McAllen, Texas, and the Rio Grande River in Eagle Pass, Texas, on the border between the United States and Mexico.

"I saw firsthand the reality of what is happening at our nation's southern border," Hardin said. "Under the current administration's deliberate and ineffective border strategy, record numbers of immigrants are entering the U.S. illegally, depleting resources and overrunning towns and cities throughout the country."

As part of his efforts to better address illegal immigration in our state, Hardin recently reached out to House leadership to get HB4090 passed. It passed the Judiciary—Criminal Committee 6 -1 but failed to get a hearing on the House floor.

Oklahoma House of Representatives seal