Iowa Attorney General Brenna Bird is taking legal action to defund a county in response to the sheriff’s refusal to cooperate with ICE detainers. Sheriff Dan Marx of Winneshiek County made a post on Facebook stating that detainers are unconstitutional and he will interrupt immigration enforcement operations. Despite investigating, Bird found that Marx’s office had complied with all ICE detainer requests since 2018. Governor Kim Reynolds filed a complaint prompting Bird’s lawsuit against the county to cut state funding until Marx complies with state law. Bird argues that Marx’s post discouraged enforcing immigration law and violated the Iowa legal code.
Marx’s refusal to retract his statement led to Bird taking the case to court to enforce state laws and ensure cooperation with federal immigration authorities. The lawsuit, filed in Polk County District Court, cites the Iowa legal code stating that a county is ineligible for state funds if it intentionally violates the immigration chapter. Bird said sanctuary counties are illegal under Iowa law and anyone threatening to interfere with immigration enforcement will be held accountable. The Sheriff’s Office declined to comment due to pending litigation, and the county auditor would not disclose how much money could be lost.
Iowa is not a sanctuary for illegal immigration, according to Bird, who expressed disappointment that the sheriff chose not to comply with the state law despite having the opportunity to do so. She emphasized the need to cooperate with federal immigration authorities to ensure community safety, especially in light of illegal immigration issues across the country. Bird mentioned President Trump’s efforts to secure the border and reduce crime, and pledged to continue fighting to guarantee Iowa’s cooperation with federal immigration authorities.
The lawsuit against Winneshiek County comes amid the Trump administration’s efforts to crack down on illegal immigration and migrant crime. A detainer is a formal request by ICE to hold an individual believed to be an illegal alien posing a threat to the community. Sheriff Marx’s refusal to honor detainers has been seen as putting the community at risk by allowing potentially dangerous individuals back onto the streets. The conflict between state and federal laws regarding cooperation with ICE detainers is at the center of the legal battle between the Iowa Attorney General and Winneshiek County.
Despite Governor Reynolds’ initial complaint and investigation revealing that Marx’s office had complied with all ICE detainer requests, the sheriff’s refusal to retract his statement led to the attorney general’s decision to sue to defund the county. Bird emphasized the importance of following state law and cooperating with federal immigration authorities to enforce immigration laws effectively and ensure community safety. The lawsuit seeks to enforce Iowa’s legal code and hold accountable anyone who impedes immigration enforcement efforts in the state. Marx’s stance on detainers has triggered a legal battle with potential consequences for the county and its funding.
