The state of Iowa has passed a new law that makes it a state crime for a person to be in Iowa if they have previously been denied admission to or removed from the United States. The law, which goes into effect on July 1, specifically targets “certain aliens” and has caused anxiety in Iowa’s immigrant communities. Legal experts and law enforcement officials are questioning how the law will be enforced, as it mirrors a similar law in Texas that is currently blocked in court. Republican leaders in Iowa and across the country have accused President Biden of neglecting his responsibilities to enforce federal immigration law, leading to the passage of this state-level legislation.
Governor Kim Reynolds signed the bill into law, stating that the Biden Administration has failed to enforce immigration laws, putting the safety of Iowans at risk. The bill gives Iowa law enforcement the power to enforce immigration laws that the federal government is allegedly neglecting. However, Des Moines Police Chief Dana Wingert has stated that immigration status does not factor into the department’s work to keep the community safe, as they do not have the resources or ability to take on federal responsibilities. Shawn Ireland, president of the Iowa State Sheriffs and Deputies Association, also mentioned that law enforcement officials will need guidance on implementation and enforcement from county attorneys.
Under the new Iowa legislation, individuals with outstanding deportation orders or who have previously been denied admission to the U.S. could face criminal charges. Once in custody, migrants could either agree to leave the U.S. or be prosecuted. The judge’s order must specify the transportation method for leaving the U.S. and a monitoring agency. Those who do not comply could face rearrest on more serious charges. Similar to the Texas law, the Iowa legislation faces questions about implementation and enforcement, as deportation is a complex and costly federal process.
The Texas law, which is currently stalled in court due to a challenge from the U.S. Department of Justice, conflicts with federal immigration authority. Likewise, the Iowa law is expected to face similar challenges. Immigration law expert Huyen Pham of Texas A&M School of Law stated that deportation is a complicated, expensive, and often dangerous process. In response to the new law, Iowa’s immigrant community groups are organizing informational meetings and materials to address people’s concerns. They are seeking official statements from local law enforcement agencies and arranging face-to-face meetings to provide clarity on questions such as whether it is safe to call the police or if they can be asked about their immigration status.
At a community meeting in Des Moines, 80 people gathered to ask questions in Spanish, including whether it is safe to stay in Iowa and what to do if racially profiled. The new law has heightened tensions and fears within Iowa’s immigrant communities, as they navigate the potential impacts of the legislation on their daily lives. The enforcement and implementation of the law remain uncertain, as legal experts and law enforcement officials continue to raise concerns about its practicality and legality.
