The newly signed Iowa state crime bill, Senate File 2340, makes it illegal for individuals previously denied admission to or removed from the United States to be in Iowa. This law, set to take effect on July 1, targets “certain aliens,” causing concern and anxiety among Iowa’s immigrant communities. Legal experts and law enforcement officials are unsure of how the law will be enforced, with comparisons being drawn to a similar Texas law that is currently tied up in court. Republican leaders in Iowa and across the country have criticized President Biden for what they perceive as neglect in enforcing federal immigration laws, prompting the introduction of state-level strategies like the Iowa bill.
Governor Kim Reynolds signed the bill into law, citing the Biden Administration’s failure to enforce immigration laws and stating that the new legislation enables Iowa law enforcement to take action that the federal government has not. Despite these assertions, Des Moines Police Chief Dana Wingert emphasized that his department focuses on community safety rather than immigration status, stating that they do not have the resources or ability to take on federal responsibilities. Similarly, Iowa law enforcement officials will need guidance from county attorneys on implementing and enforcing the new law, according to Shawn Ireland, president of the Iowa State Sheriffs and Deputies Association.
Under the Iowa legislation, individuals with outstanding deportation orders or previous denial of entry to the U.S. could face criminal charges. Once detained, migrants may have the option to agree to a judge’s order to leave the country or face prosecution. The judge’s order must specify the method of transportation for departure and designate a law enforcement officer or Iowa agency to oversee migrants’ exit. Non-compliance could result in rearrest on more serious charges, mirroring the provisions of the Texas law that is currently entangled in legal battles with the U.S. Department of Justice over conflicts with federal immigration authority.
The complicated, costly, and sometimes risky process of deportation raises questions about the practical implementation of the Iowa law, as noted by immigration law expert Huyen Pham of Texas A&M School of Law. In response to community concerns, Iowa immigrant advocacy groups are organizing informational sessions and materials to address uncertainties. They are also seeking official statements from local and county law enforcement agencies and requesting face-to-face meetings to clarify how the law will impact individuals. Community meetings have been held, with attendees questioning whether they should leave Iowa, if it is safe to contact the police, whether law enforcement can inquire about immigration status, and the repercussions of potential racial profiling incidents.
