Republican Iowa Gov. Kim Reynolds signed legislation on Wednesday that will allow state authorities to arrest migrants who were previously denied entry or deported from the US.
“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 announcing the signing of SF 2340.
“Those who come into our country illegally have broken the law, yet Biden refuses to deport them. This bill gives Iowa law enforcement the power to do what he is unwilling to do: enforce immigration laws already on the books.”
The new law, passed by the Iowa legislature last month, makes it an aggravated misdemeanor offense — punishable by up to two years in prison — for migrants to be in the Hawkeye State if they have outstanding deportation orders, were previously deported or were at one point barred from entering the US.
The law, which goes into effect July 1, elevates the crime to a felony offense if the person’s previous removal orders were related to misdemeanor convictions for drug crimes, crimes against people or any type of felony conviction.
Police are barred from arresting suspected migrants in violation of the law at places of worship, schools or medical facilities.
Arrested individuals may be allowed by a judge to leave the country and not face charges, according to the law’s text.
The head of the American Civil Liberties Union of Iowa slammed the legislation last month as one of the “most extreme, discriminatory, and unconstitutional anti-immigrant bills” in the country, arguing that it will “wreak havoc” on both citizens and noncitizens alike.
“The Iowa law enforcement and state judges tasked with authority to carry out this outrageous legislation are not trained in immigration law and have no proper authority to enforce it,” Mark Stringer, executive director of the Iowa ACLU, said in a statement.
“This legislation encourages and facilitates racial profiling and stereotyping. It undermines — not promotes — public safety and the rule of law,” he added. “It will consume already strapped state court and law enforcement resources.”
The law is similar to Texas’ SB4 legislation, which makes crossing the border illegally a state crime and allows state authorities to arrest, jail, prosecute and deport migrants who enter the country between ports of entry.
Texas’ law, a part of Republican Gov. Greg Abbott’s Operation Lone Star initiative, has been blocked by an appeals court pending litigation.
The Justice Department says that the Texas law violates the US Constitution, arguing that the founding document gives the federal government sole authority to enforce federal immigration laws.
