A. The Legislature finds and declares that protecting the health, safety, welfare, and constitutional rights of its citizens, authorized residents, and lawfully present visitors is of utmost importance. The Legislature further finds that it has a substantial and compelling interest in ensuring that the rights, privileges, and immunities of its citizens, authorized residents, and lawfully present visitors be protected at all costs. The Legislature recognizes its duty to enact legislation that ensures the protection and enhancement of these essential rights, privileges, and immunities for all of its citizens, authorized residents, and lawfully present visitors. The Legislature further finds that it is imperative to establish measures to protect the citizens of Oklahoma from potential harm caused by unauthorized persons entering or residing within the state. Therefore, the Legislature declares that it is a compelling public interest of this state to protect its citizens, authorized residents, and lawfully present visitors and its borders and to prohibit persons from entering or residing within this state without proper authorization.

B. Further, the Legislature finds and declares that a crisis exists in Oklahoma. Throughout the state, law enforcement comes into daily and increasingly frequent contact with foreign nationals who entered the country illegally or who remain here illegally. This is particularly common in regard to illegal marijuana grow operations, which have exploded in number in recent years. Often, these persons are involved with organized crime such as drug cartels, they have no regard for Oklahoma's laws or public safety, and they produce or are involved with fentanyl distribution, sex trafficking, and labor trafficking. Oklahoma agents and law enforcement partners have seized countless tons of dangerous drugs and arrested untold numbers of traffickers, many of whom entered without authorization through our southern border. This crisis of unauthorized entry and presence is endangering Oklahomans, devastating rural, urban, and suburban communities and is severely straining even the most diligent and well-resourced state and local governmental entities, civil and criminal. It is imperative that the Legislature take steps to abate the crisis.

A. As used in this section, the term “alien” means any person not a citizen or national of the United States.

B. A person commits an impermissible occupation if the person is an alien and willfully and without permission enters and remains in the State of Oklahoma without having first obtained legal authorization to enter the United States.

C. 1. Any person found to have committed an impermissible occupation pursuant to the provisions of subsection B of this section and who enters this state without having obtained the legal authorization to enter the United States shall, upon conviction, be guilty of a misdemeanor punishable by imprisonment in the county jail for a term of not more than one (1) year, or by a fine of not more than Five Hundred Dollars ($500.00), or by both such fine and imprisonment. In addition, the person shall be required to leave the state within seventy-two (72) hours following his or her conviction or release from custody, whichever comes later.

2. Any second or subsequent offense for an impermissible occupation pursuant to the provisions of subsection B of this section, or any such offense committed during the commission of any other crime shall, upon conviction, be guilty of a felony punishable by imprisonment in the custody of the Department of Corrections for a term of not more than two (2) years, or by a fine of not more than One Thousand Dollars ($1,000.00), or by both such fine and imprisonment. In addition, the person shall be required to leave the state within seventy-two (72) hours following his or her conviction or release from custody, whichever comes later.

D. Any alien who has been denied admission, excluded, deported, or removed, or has departed the United States while an order of exclusion, deportation, or removal is outstanding, and thereafter enters, attempts to enter, or is at any time found in Oklahoma shall, upon conviction, be guilty of a felony and shall be punished in accordance with the provisions set forth in paragraph 2 of subsection C of this section, unless:

1. Prior to reembarkation of the alien at a place outside the United States or application by the alien for admission from a foreign contiguous territory, the United States Attorney General has expressly consented to such alien's reapplying for admission; or

2. With respect to an alien previously denied admission and removed, such alien established that he or she was not required to obtain such advance consent under this section or any prior statute.

E. The arresting law enforcement agency shall collect all available identifying information of the person including all fingerprints and any other applicable photographic and biometric data to identify the person. Once obtained, the law enforcement agency shall cross-reference the collected information with:

1. All relevant local, state, and federal criminal databases; and

2. Federal lists or classifications used to identify a person as a threat or potential threat to national security.

The Oklahoma State Bureau of Investigation shall have the authority to collect and maintain the identifying information collected by law enforcement agencies pursuant to the provisions of this subsection.

F. It shall be an affirmative defense to prosecution under the provisions of paragraphs 1 and 2 of subsection C of this section that:

1. The federal government has granted the defendant:

2. The defendant was approved for benefits under the federal Deferred Action for Childhood Arrivals program between June 15, 2012, and July 16, 2021.

G. Any person convicted of an offense pursuant to the provisions of this section shall not be eligible for probation or delayed sentencing.

H. The Legislature finds that the presence of persons who are unauthorized to be present within the State of Oklahoma is a matter of statewide concern. Therefore, the Legislature hereby occupies and preempts the entire field of legislation in this state regarding the presence of persons who have entered and remained in this state without first having obtained the legal authorization to do so. Any municipality or other political subdivision of this state shall be prohibited from adopting any ordinance, regulation, resolution, rule, or policy that conflicts with the provisions of this act.

Notwithstanding any other provision of the Oklahoma Community Sentencing Act, a defendant is not eligible for community sentencing if the defendant is charged with or convicted of an offense under Section 2 of this act.