Republican Iowa Gov. Kim Reynolds signed a new legislation on Wednesday that allows state authorities to arrest migrants who were previously denied entry or deported from the US. The governor stated that the Biden administration has failed to enforce immigration laws, thus endangering the safety of Iowans. The law will give Iowa law enforcement the power to enforce immigration laws already in place. The new law makes it a misdemeanor offense for migrants to be in the state with outstanding deportation orders or previous deportations, punishable by up to two years in prison, with felony charges for certain types of convictions.
The law, set to go into effect on July 1, allows for arrests of migrants with criminal records related to drug crimes, crimes against people, or felony convictions. However, police are prohibited from arresting individuals in violation of the law at places such as worship houses, schools, or medical facilities. The legislation also grants judges the authority to allow arrested individuals to leave the country without facing additional charges. Critics, including the head of the American Civil Liberties Union of Iowa, have condemned the legislation as extreme, discriminatory, and unconstitutional, warning that it will negatively impact both citizens and noncitizens.
Mark Stringer, executive director of the Iowa ACLU, criticized the legislation, arguing that Iowa law enforcement and state judges are not trained in immigration law and lack the authority to enforce such laws. He believes that the law could lead to racial profiling, consume state resources, and undermine public safety and the rule of law. The law in Iowa is similar to Texas’ SB4 legislation, which also makes crossing the border illegally a state crime, allowing state authorities to arrest, jail, prosecute, and deport migrants who enter the country illegally between ports of entry. Texas’ law has been temporarily blocked by an appeals court due to pending litigation, with the Justice Department arguing that the law violates the US Constitution by infringing on federal government authority over immigration.
The Iowa law and Texas’ SB4 legislation are part of Republican efforts to address illegal immigration at the state level, in response to perceived shortcomings in federal immigration enforcement. Both laws aim to give state authorities the power to tackle illegal immigration and safeguard their respective populations. However, critics argue that these laws could lead to racial profiling, misuse of state resources, and violations of constitutional rights. The legal battle over the enforcement of these laws highlights the ongoing debate over the balance of power between state and federal governments in immigration enforcement, with implications for both migrants and local communities impacted by these policies.
