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| The law allows Iowa officers to arrest undocumented immigrants who have previously been deported or barred from entering the country. Photo courtesy of Reuters |
The Biden administration, alongside various civil rights groups, has initiated legal action against Iowa to halt the implementation of a contentious immigration law. This legislation, known as Senate File 2340, signed into law on April 10, aims to enable the incarceration and deportation of migrants in Iowa who have previously been denied entry into the United States.
Senate File 2340 establishes a new state criminal offense penalizing non-citizens in Iowa who have been previously denied admission to the United States. The law mandates Iowa courts to order their removal to their home country and does not exempt minors from the aggravated misdemeanor charges.
The American Civil Liberties Union (ACLU) and other civil rights organizations, representing the Iowa Migrant Movement for Justice and two Iowans, alongside the Justice Department, have filed separate lawsuits to block the law's enforcement scheduled for July 1.
Both lawsuits argue the unconstitutionality of S.F. 2340, while Iowa's Republican governor, Kim Reynolds, contends it is necessary to safeguard the state from President Joe Biden's immigration policies.
Federal prosecutors assert in their complaint that the law encroaches upon immigration powers reserved for the federal government. The civil rights organizations highlight in their complaint that the legislation allows for the arrest of immigrants who re-enter the United States with federal consent or later attain lawful immigration status.
Principal Deputy Assistant Attorney General Brian Boynton, leading the Justice Department's Civil Division, stated, "Iowa cannot disregard the U.S. Constitution and settled Supreme Court precedent," emphasizing the need for adherence to congressional and constitutional frameworks for immigration regulation.
Describing the law as one of the most expansive immigration laws in the state, the ACLU contends that it conflicts with existing federal law and carries far-reaching consequences.
Under the legislation, local law enforcement would be tasked with arresting immigrants authorized to be in the country, including those granted asylum or various other authorized immigration statuses protecting victims of crime, trafficking, or domestic violence, according to the ACLU.
As an illustrative case, the ACLU presents the story of Anna, an 18-year-old high school student from Honduras who received asylum and lawful residence in the United States after her father's murder and sister's kidnapping. Despite her legal status, she and her mother were deported when she was 14, leaving her susceptible to arrest and deportation under the new law if implemented in Iowa.
Should the law take effect, Anna faces prosecution, imprisonment, and deportation to Mexico, a country she is neither from nor has family ties with.
"This ugly law is deeply harmful to Iowa families and communities," remarked Rita Bettis Austen, Legal Director of the ACLU of Iowa.
Similar to Texas' Senate Bill 4, signed into law by Republican Governor Greg Abbott last year, amid disputes with the Biden administration over immigration, the Iowa legislation faces legal challenges.
Reynolds, echoing Abbott's stance, emphasized her duty to protect Iowa citizens in light of what she perceives as the federal government's failure to enforce immigration laws.
