U.S. Justice Department threatens court challenge to Iowa immigration law

At a rally on the terrace of the Iowa State Capitol in Des Moines May 1, 2024, members of immigrant advocacy groups and supporters spoke against an Iowa law that makes illegal immigration a state crime. (Photo by Robin Opsahl/Iowa Capital Dispatch)

The U.S. Department of Justice intends to file a lawsuit against an Iowa law making illegal immigration a state crime if the law remains in effect, a top official wrote in a letter to Gov. Kim Reynolds and state Attorney General Brenna Bird.

First reported by the Des Moines Register, Principal Deputy Assistant Attorney General Brian Boynton said in a letter to the Republican state officials that the federal department “intends to bring a lawsuit to enforce the supremacy of federal law” and enjoin Senate File 2340, blocking it from being enforced.

The Iowa law, signed by Reynolds in April, allows state law enforcement officers to charge people with an aggravated misdemeanor if they have been deported, denied admission or removed from the U.S., or if they have an order to leave the country. People with a criminal history can be charged with higher penalties for being in the country unlawfully under the new measure.

Additionally, state courts are able to order the deportation of people charged, with state agencies and law enforcement having the ability to transport migrants to U.S. ports of entry to ensure they leave the country. People who do not leave as ordered can be charged with a felony for failure to comply.

The law is set to go into effect July 1. However, the federal justice department plans to stop the law from being enforced before that date. In the letter, Boynton gave Reynolds and Bird a deadline of Tuesday to suspend enforcement of the law or the Department of Justice will take action.

“If you have not confirmed by May 7, 2024, that Iowa will forbear such enforcement, the United States intends to pursue all appropriate legal remedies to ensure that Iowa does not interfere with the functions of the federal government,” the letter states.

In the message, Boynton said the Iowa law is “preempted by federal law and violates the United States Constitution,” and that the measure is “contrary” to the federal government’s goal of processing undocumented immigrants in the U.S. in a way that is consistent with the Immigration and Nationality Act.

The state measure conflicts with federal immigration law in several ways, he wrote, including “various provisions of federal law permitting noncitizens to seek protection from removal to avoid persecution or torture,” Boynton wrote, in addition to undermining U.S. foreign relations.

Boynton said the Iowa law “effectively creates a separate state immigration scheme by imposing state criminal penalties for violating the federal prohibition on unlawful reentry into the United States,” and is intruding on the federal government’s oversight of immigration law and enforcement.

However, Reynolds and Bird argued the law is necessary because President Joe Biden and his administration are not enforcing current immigration laws.

“The only reason we had to pass this law is because the Biden Administration refused to enforce the laws already on the books. I have a duty to protect the citizens of Iowa,” Reynolds said in a statement. “Unlike the federal government, we will respect the rule of law and enforce it.”

Bird also criticized Biden in a post on social media about the lawsuit, saying that Iowa “will not back down.”

On Wednesday, immigrant advocacy groups rallied across the state in opposition to the new law. Immigrants and allies expressed concerns about the law breaking up families, as well as potentially leading to discrimination against Latino Iowans.

Some law enforcement officers have also brought up concerns about enforcing the law. Des Moines Police Chief Dana Wingert told the Associated Press in March that Des Moines police forces are “not equipped, funded or staffed” to take on enforcement of immigration laws.

Iowa is not the only state to pass a state-level immigration law. The Iowa law is modeled after a similar 2023 Texas measure also allowing state law enforcement and courts to take action on illegal immigration. The Texas law is currently under a preliminary injunction, having been challenged in federal appeals court by the U.S. Justice Department and civil rights organizations.

Reynolds has sent personnel with Iowa National Guard and Iowa Department of Public Safety to Texas to support the state’s law enforcement efforts along the U.S.-Mexico border in both 2021 and 2023. In March, the governor announced plans to deploy 115 National Guard troops and 10 DPS officers to Texas, taking on duties like assistance with “the Texas Military Department’s security objectives.”

Oklahoma Gov. Kevin Stitt also signed a similar measure into law earlier this week that went into effect immediately. The Oklahoma law establishes a crime for “impermissible occupation,” the act of entering the state without legal authorization to be in the country. The first offense is a misdemeanor charge with an order to leave the state within 72 hours, and a second offense would charge someone with a felony, with up to two years in prison if convicted.

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