Under a new law signed by Gov. Kim Reynolds, it will be a state crime for a person to be in Iowa if they were previously denied admission to or removed from the United States. The law, known as Senate File 2340, targets "certain aliens" and is set to take effect on July 1. This has caused heightened anxiety within Iowa's immigrant communities and raised questions among legal experts and law enforcement about its enforcement. The law closely resembles a Texas statute that is currently facing legal challenges.
Republican leaders in Iowa and across the country have criticized President Biden for what they perceive as a failure to uphold federal immigration laws. This criticism has led to Republican governors deploying troops to Texas and various state legislatures proposing their own approaches to immigration enforcement.
In a statement following the bill's signing, Gov. Reynolds stated, "The Biden Administration has failed to enforce our nation's immigration laws, putting the protection and safety of Iowans at risk. This bill gives Iowa law enforcement the power to do what he is unwilling to do: enforce immigration laws already on the books."
After the Legislature passed the bill, Des Moines Police Chief Dana Wingert told The Associated Press in an email in March that immigration status does not factor into the department's work to keep the community safe. He said the force is "not equipped, funded or staffed" to take on responsibilities that are the federal government's.
"Simply stated, not only do we not have the resources to assume this additional task, we don't even have the ability to perform this function," Wingert said.
Shawn Ireland, president of the Iowa State Sheriffs and Deputies Association and a deputy sheriff in Linn County, also said in a March email that law enforcement officials would have to consult with county attorneys for guidance on implementation and enforcement.
The Iowa legislation, like the Texas law, could mean criminal charges for people who have outstanding deportation orders or who have previously been removed from or denied admission to the U.S. Once in custody, migrants could either agree to a judge's order to leave the U.S. or be prosecuted.
The judge's order must identify the transportation method for leaving the U.S. and a law enforcement officer or Iowa agency to monitor migrants' departures. Those who don't leave could face rearrest under more serious charges.
The Texas law is stalled in court after a challenge from the U.S. Department of Justice that says it conflicts with the federal government's immigration authority.
In Iowa, the recent bill is raising concerns about how it will be implemented and enforced, similar to the Texas law. Deportation is a complex, costly, and often risky federal process, according to immigration law expert Huyen Pham from Texas A&M School of Law.
Meanwhile, immigrant community groups in Iowa are taking proactive measures by organizing informational sessions and providing materials to address people's concerns. They are also seeking official statements from local law enforcement agencies and requesting face-to-face meetings.
During a community gathering in Des Moines, 80 individuals came together to ask questions in Spanish. Some of the common inquiries included: "Should I consider leaving Iowa?"
Other questions raised were: "Is it safe to contact the police?" "Can Iowa law enforcement inquire about my immigration status?" and "What should I do if I experience racial profiling?"
