House of Representatives

Humphrey: Biden's Failure to Protect Border threatening Oklahoma

6/6/2022 1:24:00 PM

OKLAHOMA CITY – Rep. Justin Humphrey, R-Lane, this week sent a letter to Oklahoma Attorney General John O'Connor regarding what he called President Joe Biden's utter failure to protect and defend our nation's border, which in turn puts all Oklahomans at risk. Humphrey is chair of the House Criminal Justice & Corrections Committee.

Below is the text of the letter.

Attorney General John O'Connor

I am working with a prominent and well-established attorney, Stan Ward, to ensure Oklahomans receive the rights and protections guaranteed under the United States Constitution. Oklahoman has a factual and urgent perilous circumstance because of President Biden’s utter failure to protect and defend our nations borders. Biden’s failure subjects all Oklahoma citizens to pay for government subsidies to support illegals. Our agencies are inundated with illegals. Citizens must compete for jobs at illegal wages. We are exposed to illness and diseases. Plus, we have a dramatic increase of illegal drugs and human trafficking. I am requesting your office file the following illustrated lawsuit on behalf of the citizens of Oklahoma against President Biden for failure to perform his constitutional duty to protect and defend our boarders, to wit:  

The Parties

1.      Plaintiff (Oklahoma) is one of the fifty states comprising the United States of America having been added to the union in 1907.

2.      Defendant United States of America is the union of fifty states that are governed by the Constitution of the United States of America and other laws duly enacted by Congress.

3.      Defendant, Joe Biden is the current President of the United States of America having been elected in November 2019 to serve a term of four years and in whom the executive powers is vested and whose responsibility it is to take care that the laws are faithfully executed.

Jurisdiction and Venue

4.      This Court has both subject matter and personal jurisdiction over the parties to this action.

5.      Venue is properly made in the Western District of Oklahoma.

6.      Congress enacted laws that control and regulate immigration by aliens into the United States of America.

7.      When sworn into office in January 2020, Joe Biden took an oath of office, and he swore to uphold the Constitution and to enforce the laws of the United States of America.

8.      Once in office, Joe Biden has failed and refused to uphold the Constitution and specifically Article IV, Section 4. Which provides: “The United States shall guarantee to every State in this Union a Republican Form of Government and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence."

9.      Instead of upholding the Constitution, Defendant Joe Biden has willfully, wantonly, and intentionally encouraged and allowed aliens to enter our country, disregard our borders and disobey the immigration laws that provide for a specific process to enter this country by aliens seeking to immigrate to the United States of America without complying with this nation’s laws

10.  The invasion by illegal aliens is notorious and evident and despite its notoriety and the burdens it has placed on law enforcement, our schools, healthcare, and welfare system, Defendant Biden and Defendant United States of America, acting by and through Defendant Biden’s appointees, continue to violate and disregard both Article IV, Section 4 and our immigration laws that disallow invasion by illegal aliens many of whom have criminal history, tested positive for COVID-19, and who are disbursed throughout the United States of America and without vaccinations for COVID-19.

11.  The State of Oklahoma has no adequate remedy at law and is suffering irreparable harm and damage by the failure and refusal of the defendants to comply with Article IV, Section 4 of the United States Constitution.

12.  The Plaintiff (State of Oklahoma) has great likelihood of success in this action because the United States Constitution is the supreme law of the land and it has been and is being blatantly violated by defendants who not only have allowed the invasion by illegal aliens, but they have encouraged, empowered, promoted and welcomed the influx of these illegal aliens.   

13.  The public has an expectation and strong interest in being protected from invasion as spelled out in Article IV, Section 4 of the Constitution. The laws of the United States of America are clearly defined regarding lawful immigration into this country whereby immigrants are required to comply with an orderly process to enter the country lawfully and for those who desire to become citizens have a defined pathway that Congress has established through enacted legislation.

Wherefore, Plaintiff prays on behalf of the citizens of the State of Oklahoma that:

1.      The honorable Court issue an immediate and permanent injunction that enjoins defendants and each of them from further violation of Article IV, Section 4 of the United States Constitution and disallows illegal aliens’ entry into this state in further violation of existing immigration laws.

2.      For the cost incurred by the State of Oklahoma.

3.      For such other and further relieve as is just, equitable and proper.