Okla. Stat. tit. 21, § 21-1795: Impermissible occupation

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:

a. lawful presence in the United States, or

b. asylum under Section 1158 of Title 8 of the United

States Code; or

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

of Title 8 of the United

States Code; or

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.