A bill in Iowa that would allow the state to detain and deport some immigrants is raising anxiety among immigrant communities, leaving some wondering: “Should I leave Iowa?”
The legislation, which Gov. Kim Reynolds is expected to sign, would make it a state crime for anyone to be in Iowa if they are denied entry to or deported from the United States. It reflects a portion of Texas law that is currently blocked in court.
Throughout Iowa, Latino and immigrant community groups 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.
When 80 people gathered in the Des Moines Public Library's community room last week, community organizer Fabiola Schirmeister pulled written questions from a tin can. One person asked in Spanish: “Is it safe to call the police?” Another asked: “Can the Iowa State Police ask me about my immigration status?” And: “What happens if I am racially profiled?”
Erica Johnson, executive director of Immigrants for Justice Iowa, the organization hosting the meeting, sighed when one person asked: “Should I leave Iowa?”
“Entiendo el Sentido,” she said. I understand this feeling.
Schirmeister, who hosts a local Spanish-language radio show, explained how long organizers worked to build a bridge with law enforcement.
“It is sad that this has damaged trust between local authorities, pro-immigrant organizations and migrant communities,” she said.
Des Moines Police Chief Dana Wingert told The Associated Press in an email that immigration status does not impact the department's work to keep the community safe, and he said it would be “disingenuous and contradictory” to incorporate it at the same time law enforcement has begun working to eliminate such cases. Bias.
He added: “I am not interested, and we are not equipped, funded or staffed to take on additional responsibilities that have not historically been the role of local law enforcement.”
In Iowa and across the country, Republican leaders rallied around the phrase that “every state is a border state” and accused President Biden of neglecting his responsibilities to enforce federal immigration law. That prompted Republican governors to send troops to support Texas Gov. Greg Abbott's Operation Lone Star, and prompted legislatures to propose a variety of statewide strategies.
Iowa lawmakers introduced the measure to address what one lawmaker described as a “clear and present danger” that some migrants crossing the southern border pose to Iowans. Republican Rep. Steve Holt acknowledged the constitutional issues around the bill, but ultimately said Iowa has the “right, duty and moral obligation to act to protect our citizens and our sovereignty.”
“If we end up in a court battle with the federal government, if this passes, we have to move forward,” Holt said during a subcommittee meeting in February. I think it's time for every country to stand up and say: We've had enough. We will defend our people.” “
The Texas law is stalled in court, after a challenge from the US Department of Justice, which says it conflicts with the federal government's immigration authority. The department did not immediately comment on the Iowa bill.
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 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.
“How will Iowa law enforcement agencies determine whether someone has entered Iowa in violation of an immigration order?” Pham asked. She said questions remain about which country the detained person will be returned to, how they will get there and how agencies will communicate with those countries.
She said deportations are a binational process, meaning the federal government negotiates with the governments of other countries. Pham said a disjointed immigration policy from one country to another could threaten those international relations.
Mexico has already said it will reject any enforcement of immigration laws at the state or local government level.
The Iowa State Patrol, as well as representatives from several police departments and county sheriff's offices across the state, declined to comment on the bill before it was signed into law.
Shawn Ireland, Iowa Mayor and Representative. The Linn County Sheriff said in an email that law enforcement officials will consult with the county attorney for guidance if the bill becomes law.
But Ireland added that community-police relations are a priority, and that law enforcement's focus “is not on looking for people who came to this country illegally and are not committing crimes.”
Manny Galvez, leader of the group Escucha Mi Voz (Hear My Voice) based in the rural city of West Liberty, said the bill spurred immigrant communities, including some hard-to-reach areas in Iowa, to send aid. A message that immigration is a humanitarian issue and that the state's meatpacking plants, cornfields and construction projects depend on immigrant labor.
Lawmakers who introduce a bill like this are disconnected from that reality, Galvez said.
“Criminalizing the immigrant community is not the solution,” he said. “We tell people: Don’t be afraid. There is no Mido. We will continue to fight this.”
Fingerhut writes for the Associated Press.
