The Biden Justice Department, along with civil and immigrant rights organizations, has filed separate lawsuits against Iowa in federal court. The lawsuits allege that Iowa’s new anti-immigration law, Senate File 2340, infringes on federal authority and is unconstitutional.
Senate File 2340, signed into law by Iowa Governor Kim Reynolds in April, prohibits noncitizens from reentering the United States after being previously removed or excluded. Violators could face deportation and up to 10 years in prison. This law sidesteps federal jurisdiction, which typically governs immigration and border control.
At a press conference, Rita Bettis Austen, legal director of the American Civil Liberties Union (ACLU) of Iowa, criticized the law, emphasizing that immigration in the U.S. is regulated by federal law, not by individual state laws.
The ACLU, along with other civil rights groups, filed a lawsuit challenging the law in the U.S. District Court for the Southern District of Iowa. Defendants in this case include Iowa Attorney General Brenna Bird and other state officials responsible for enforcing the law. The lawsuit was brought on behalf of the Iowa Migrant Movement for Justice and the immigrants represented by the organization.
Simultaneously, the Justice Department filed a lawsuit naming Governor Reynolds and other state officials as defendants. They argue that Iowa’s law contradicts federal law and violates the supremacy clause of the U.S. Constitution, as well as the dormant foreign commerce clause.
Both lawsuits seek to block enforcement of the law, with the civil rights plaintiffs planning to file a motion for a preliminary injunction.
The plaintiffs argue that federal law already specifies which noncitizens can be denied entry into the U.S. They claim that under Iowa’s law, even individuals with lawful immigration status could face arrest and deportation if they had previously been removed from the country.
Iowa officials, including Attorney General Bird and Governor Reynolds, blame the Biden administration for failing to address immigration issues, leading states to implement their own measures.
However, some law enforcement officials in Iowa express concerns that the law could undermine public safety by creating fear in immigrant communities and placing additional burdens on local law enforcement.
Iowa’s law is similar to SB 4, a Texas state law, which has also faced legal challenges. The Fifth Circuit Court of Appeals upheld an injunction against SB 4’s enforcement while litigation continues.
