A bill signed by Gov. Kim Reynolds on Wednesday makes it a state crime for anyone to be in Iowa if they have previously been denied admission to or deported from the United States.
The law, which takes effect July 1, has heightened anxiety in Iowa's immigrant communities and raised questions among legal experts and law enforcement about how it will be implemented. It reflects a portion of Texas law that is currently blocked in court.
In Iowa and across the country, Republican leaders have accused President Biden of neglecting his responsibilities to enforce federal immigration law, prompting Republican governors to send troops to Texas and legislatures to propose a variety of state-level strategies.
“The Biden administration has failed to enforce our nation’s immigration laws, putting the protection and safety of Iowans at risk,” Reynolds said in a statement after signing the bill. “This bill gives Iowa law enforcement the power to do what they don’t want to do: enforce immigration laws that are 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 impact the department's work to keep the community safe. He said the force is “not equipped, funded or staffed” to take on the responsibilities that fall to the federal government.
“We simply don't have the resources to take on this additional task, we don't even have the capacity to do the job,” Wingert said.
Sean Ireland, President of Iowa State Deans and Representatives. A Linn County sheriff's deputy also said in an email in March that law enforcement officials would have to consult with the county attorney for guidance on implementation and enforcement.
The Iowa legislation, like the Texas law, could mean criminal charges for people with outstanding removal orders or who have previously been removed from or denied entry to the United States. Once detained, immigrants can either agree to a judge's order to leave the United States or be prosecuted.
The judge's order must specify the method of transportation to leave the United States and identify a law enforcement officer or Iowa agency to monitor the departure of immigrants. Those who do not leave could face re-arrest on more serious charges.
The Texas law is stuck in court after a challenge from the US Department of Justice, which says it conflicts with the federal government's immigration authority.
The Iowa bill faces the same implementation and implementation questions as the Texas law, because deportation is a “complex, expensive and often dangerous” federal process, said Huynh Pham, an immigration law expert at Texas A&M University School of Law.
Meanwhile, immigrant community groups in Iowa are organizing meetings and information materials to try to answer people's questions. They are also asking local and county law enforcement agencies to provide official statements, as well as hold face-to-face meetings.
At a community meeting in Des Moines, 80 people gathered and asked questions in Spanish, including: “Should I leave Iowa?”
Others asked: “Is it safe to call the police?” “Can the Iowa State Police ask me about my immigration status?” And: “What happens if I am racially profiled?”
Fingerhut writes for the Associated Press.
