Gov. Kim Reynolds signed a bill into law on Wednesday that makes it a state crime for individuals to be in Iowa if they have been previously denied admission to or removed from the United States.
The implementation of the law on July 1 has raised concerns among Iowa’s immigrant communities and sparked inquiries from legal experts and law enforcement about its enforcement. The law, known as Senate File 2340, specifically addresses “certain aliens” and bears resemblance to a Texas law that is presently tied up in litigation.
Iowa Governor Kim Reynolds criticized the Biden Administration for neglecting the enforcement of immigration laws, which she believes has jeopardized the safety and security of Iowans. In a statement released after signing the bill, Reynolds emphasized that the new legislation empowers Iowa law enforcement to fulfill the responsibility that the Biden Administration has been unwilling to carry out: enforcing the existing immigration laws.
Wingert expressed his concern, stating that not only do they lack the resources, but they also lack the capability to take on this additional task.
Shawn Ireland, the president of the Iowa State Sheriffs and Deputies Association and a deputy sheriff in Linn County, highlighted in a March email that law enforcement officials would need to seek guidance from county attorneys regarding the execution and enforcement of the measures.
The Iowa legislation, similar to the Texas law, has the potential to result in criminal charges for individuals who have unresolved deportation orders or who have been previously expelled from or denied entry into the United States. If apprehended, migrants would have to either comply with a judge’s directive to depart from the country or face prosecution.
The judge’s order should specify how the individuals will be transported out of the U.S. and which law enforcement officer or Iowa agency will be responsible for monitoring their departures. Failure to comply with the order may result in rearrest on more severe charges.
The Texas law is currently held up in court due to a challenge from the U.S. Department of Justice, which argues that it contradicts the federal government’s immigration authority.
According to immigration law expert Huyen Pham of Texas A&M School of Law, the bill in Iowa is confronted with similar challenges as the Texas law when it comes to implementing and enforcing deportation. Pham highlights that deportation is a complex, costly, and often perilous federal procedure.
Iowa’s immigrant community groups are actively working to provide information and resources to address people’s concerns during this time. They are organizing informational meetings and creating materials to help answer questions and address any uncertainties. Additionally, they are reaching out to local and county law enforcement agencies to request official statements and arrange face-to-face meetings for further clarification and support.
During a community meeting in Des Moines, a group of 80 individuals came together and posed their questions in Spanish, with one person asking, “Is it necessary for me to leave Iowa?”
People had various concerns about contacting the police. Some were unsure if it was safe to do so, while others were worried about being questioned about their immigration status by Iowa police. Another common concern was the potential for racial profiling and its consequences.
