Iowa Governor Kim Reynolds signed a bill into law making it a state crime for certain aliens to be in Iowa if they have been previously denied admission to or removed from the United States. The law, which goes into effect on July 1st, has caused heightened anxiety in Iowa’s immigrant communities and raised questions among legal experts and law enforcement on its enforcement. Similar to a Texas law currently blocked in court, the Iowa bill reflects efforts by Republican leaders across the country to take state-level action on immigration amid accusations of President Biden neglecting federal immigration law enforcement responsibilities.
Governor Reynolds justified the new law by stating that the Biden Administration has failed to enforce immigration laws, thereby putting Iowans’ protection and safety at risk. She believes that the bill gives Iowa law enforcement the power to enforce existing immigration laws that the federal government has not prioritized. However, Des Moines Police Chief Dana Wingert emphasized that immigration status is not a consideration in the department’s efforts to keep the community safe, as they lack the resources and capabilities to take on additional federal responsibilities. He stated that they are not equipped to perform functions that fall under federal jurisdiction.
Iowa law enforcement officials, such as Shawn Ireland, president of the Iowa State Sheriffs and Deputies Association, recognize the challenges in implementing and enforcing the new legislation. Similar to the Texas law, the Iowa bill could result in criminal charges for individuals with outstanding deportation orders or previous denials of admission to the U.S. Once in custody, migrants may be given the choice to voluntarily leave the U.S. or face prosecution. The judge’s order would specify the transportation method for departure and designate a monitoring law enforcement officer or agency in Iowa. Failure to comply could lead to rearrest on more serious charges.
The Texas law, facing legal challenges from the U.S. Department of Justice, is currently stalled in court due to conflicts with federal immigration authority. Immigration law expert Huyen Pham from Texas A&M School of Law highlights that deportation is a complex, costly, and risky federal process, raising concerns about the implementation and enforcement of the Iowa bill. In response, Iowa immigrant community groups are organizing informational sessions and materials to address people’s uncertainties. They are seeking official statements from local law enforcement agencies and holding face-to-face meetings to provide clarity on the implications of the new law.
At a community meeting in Des Moines, attendees raised various questions in Spanish, reflecting the concerns within the immigrant community. Queries included whether it is safe to call the police, if Iowa police can inquire about immigration status, and the consequences of potential racial profiling. The new law has sparked fear and uncertainty among Iowa’s immigrant population, emphasizing the need for communication and transparency from law enforcement officials to ensure that individuals understand their rights and obligations under the legislation.
