Oklahoma law enforcement officials say they won’t enforce the federal law that requires them to check citizenship of anyone arrested or detained.
Law enforcement officials said the US Citizenship and Immigration Services Office of Civil Rights has a deadline of Thursday to process and issue a denial.
They said they would not enforce the law against the state of Oklahoma unless the state or local law enforcement agencies agreed to do so.
The law was enacted in April after a man was arrested in Tulsa, Oklahoma, after police found him with a false ID and suspected he had been deported.
He was charged with unlawful entry, possession of a firearm without a license, possession with intent to sell and possession of marijuana.
Police in Oklahoma said on Tuesday they would take no action against a man who was arrested after an arrest in Tulsa last month.
In a statement, the US Department of Homeland Security said in a statement it is “committed to the rule of law and the rule that all persons have a right to be free from arbitrary or unlawful detention.”
“In light of the current federal investigation and concerns raised by some state and local officials regarding the constitutionality of the law, DHS has been informed that the federal government is unable to take any enforcement action against Oklahoma and is in the process of reviewing its application,” DHS said in the statement.
The agency did not say when or if it would decide whether to enforce the state’s law.
The Oklahoma law says that an officer must verify the citizenship of a person arrested or stopped.
The officer can ask for proof of citizenship, but cannot ask for a warrant to search or arrest the person.
If the officer finds the person has a valid immigration document, he must detain them until the person produces the document, or the person is released.
The Tulsa arrest occurred as a result of a raid by local law enforcers, and the US Immigration and Customs Enforcement has not yet responded to a request for comment.
Oklahoma Attorney General Scott Pruitt said on Monday that he would review the state law to see if the federal agency can enforce it.