The Oklahoma Supreme Court's decision benefited illegal immigrants

This year's presidential campaign has often focused on illegal immigration, with a particular focus on the Biden administration's perceived “catch and release” policy, which has been linked to violent crimes by those released into the general population.

One of the most high-profile cases involves two Venezuelan men, Johan Jose Martinez-Rangel and Franklin Jose Peña Ramos, who were charged with the murder of 12-year-old Jocelyn Nungaray in Houston.

Martinez-Rangel was arrested by U.S. Border Patrol near El Paso on March 14, while Ramos was arrested on May 28. However, both were released with notice that they would appear in court in the future. Nungaray was murdered on June 17th.

Likewise, Rachel Morin, a 37-year-old mother of five from Maryland, was murdered on August 5, 2023, after leaving her home for a run. Victor Antonio Martinez Hernandez, a 23-year-old illegal immigrant from El Salvador, was arrested at a Tulsa bar almost a year later on June 14, 2024.

Law enforcement officials determined that Hernandez entered the United States illegally in February 2023. At that time, he was already facing an arrest warrant issued in January 2023 for the murder of a woman in El Salvador. He is also believed to have attacked a nine-year-old girl and her mother in Los Angeles in March 2023.

Hernandez was arrested by Border Patrol on January 19, 2023 for illegal entry into the United States; January 31, 2023; and February 6, 2023. Each time he was deported, only to quickly re-enter the United States illegally.

In another high-profile case, 22-year-old Laken Riley, a University of Georgia student, was murdered while jogging on campus. José Antonio Ibarra was charged with her murder. Border Patrol agents arrested Ibarra on September 8, 2022. He was paroled and released for further processing.

Oklahoma has a head start when it comes to fighting criminals

Oklahoma lawmakers have been far ahead of the national game when it comes to addressing concerns about violent criminals entering the United States illegally. However, these efforts were partially scuttled by members of the Oklahoma Supreme Court.

In 2007, the state legislature passed House Law 1804which created the Oklahoma Taxpayer and Citizen Protection Act.

In a section dealing with people arrested for crimes who are proven to be illegal aliens, HB 1804 states: “In determining the grant or issuance of bail, there is a rebuttable presumption that a person whose citizenship status has been verified.” … being an alien who has not been lawfully admitted to the United States poses a risk of flight.”

This provision would have denied bail and release to illegal immigrants accused of crimes in Oklahoma.

When the House Bill passed in 1804, it received strong bipartisan support. His co-authors included then-Senators Kenneth Corn and Tom Ivester and then-Representatives Scott Inman and Eric Proctor, all Democrats. Inman eventually served as chairman of the House Democratic Caucus.

A majority Many House Democrats joined Republicans in supporting the bill, including Joe Dorman, who later became the Democratic gubernatorial candidate in 2014, and Chuck Hoskin, Sr., father of current Cherokee Nation chief Chuck Hoskin, Jr.

But Michael C. Thomas submitted a petition in 2009 in Tulsa County District Court, seeking a declaratory judgment that HB 1804 was unconstitutional.

The lower courts struck down some provisions of the law, but left intact language requiring that illegal immigrants accused of crimes be treated as flight risks.

However, when the Oklahoma Supreme Court heard the case, a majority of justices rejected the provision dealing with accused illegal immigrant offenders.

In her June 14, 2011 OpinionOklahoma Supreme Court justices declared that the provision “creating a presumption of flight risk” was “a special statute prohibited by the Oklahoma Constitution.”

The judges explained that bail for non-capital offenses can only be refused if “the evidence of guilt is obvious or the presumption is reasonable and this must be on the grounds that there is no condition of bail.” would ensure the safety of the community or any other person.”

Oklahoma Supreme Court Justice Steven Taylor dissented, writing, “Plaintiff has failed to overcome the strong presumption that HB1804 is constitutional. I would find that plaintiff has failed to meet his burden on all issues and would therefore find HB1804 constitutional in all respects.”

Of the justices who struck down the provision requiring illegal immigrants accused of crimes to be a flight risk, five justices remain on the court today: Justices Douglas Combs, James Edmondson, Noma Gurich, Yvonne Kauger and James Winchester.