Iowa Defies DOJ Threat to Sue Over New Immigration Law

The U.S. Department of Justice (DOJ) has threatened to sue the state of Iowa over its new immigration law, Senate File 2340, which makes it a crime for individuals to be present in Iowa if they have previously been denied admission to the United States. The law, signed by Governor Kim Reynolds in April, is set to take effect on July 1.

Principal Deputy Assistant Attorney General Brian Boynton wrote to Governor Reynolds and Iowa Attorney General Brenna Bird, informing them that the DOJ intends to file a lawsuit challenging the constitutionality of the law. The department argues that the statute is preempted by federal law and violates the U.S. Constitution by effectively creating a separate state immigration scheme.

This legal battle has significant implications for the balance of power between the federal government and states in addressing illegal immigration, and its outcome could set a precedent for other states seeking to take a more active role in immigration enforcement. The case also highlights the ongoing debate over immigration policy and the role of states in enforcing federal laws.

The DOJ has given Iowa until May 7 to agree not to enforce the law, but state officials have signaled their intention to move forward with implementation. "The only reason we had to pass this law is because the Biden Administration refuses to enforce the laws already on the books," Governor Reynolds stated. "I have a duty to protect the citizens of Iowa. Unlike the federal government, we will respect the rule of law and enforce it."

Attorney General Bird echoed the governor's sentiments, accusing the Biden administration of refusing to secure the border and enforce federal immigration laws. "Our message to Biden is this: Iowa will not back down and stand by as our state's safety hangs in the balance," Bird declared. "If Biden refuses to stop the border invasion and keep our communities safe, Iowa will do the job for him."

Why this matters: The Iowa law is similar to a measure passed in Texas that has been temporarily blocked by the courts while a federal appeals court weighs a challenge to a lower court's ruling that struck down the statute. The DOJ has previously sued Texas over its immigration laws, with courts largely siding with the department that immigration enforcement is a power reserved to the federal government.

Under Iowa's SF 2340, law enforcement officers would be allowed to arrest and deport undocumented immigrants who have previously been deported or barred from entering the country. The law classifies "illegal reentry" as an aggravated misdemeanour, carrying a two-year prison sentence, but can be elevated to a class D felony (up to five years in prison) or a class C felony (up to 10 years) in certain circumstances.

As the battle over immigration enforcement between the federal government and states like Iowa and Texas continues, the outcome of the DOJ's legal challenge to Iowa's law could have significant implications for the balance of power in this contentious policy area. With the July 1 effective date of SF 2340 looming, the stage is set for a high-stakes legal showdown that could redefine the roles of federal and state authorities in addressing the complex issue of illegal immigration.

Key Takeaways

• US DOJ threatens to sue Iowa over new immigration law, Senate File 2340.
• Law makes it a crime for individuals previously denied US admission to be present in Iowa.
• DOJ argues law is preempted by federal law and violates US Constitution.
• Iowa officials refuse to back down, citing federal government's failure to enforce immigration laws.
• Legal battles could set precedent for states' role in immigration enforcement.