Several civil rights groups have taken legal action against Iowa state officials to halt the implementation of a new immigration law slated to take effect on July 1. The law, which penalizes foreign nationals for reentering Iowa after being deported from the United States, regardless of their current immigration status, has prompted the national and state chapters of the ACLU and the American Immigration Council to file a complaint.
Representing the Iowa Migrant Movement for Justice, these groups argue in their complaint, lodged with the District Court of Southern Iowa, that Iowa has overstepped its authority by encroaching upon areas of law designated for the federal government. They assert that the regulation of immigration falls solely under federal jurisdiction and that Iowa’s law contradicts federal immigration statutes. Specifically, they highlight the disparity between federal and state consequences for reentry following deportation, citing instances where individuals may not commit a federal offense but would be liable under Iowa law.
Additionally, the complaint contends that the Iowa law infringes upon the federal government’s exclusive authority over foreign commerce, including the regulation of entry into the United States and interstate movement.
Emphasizing the severity of the law’s repercussions, the complaint notes that forbidden reentry constitutes an aggravated misdemeanor, punishable by up to two years in state prison. Moreover, reentry following deportation for criminal offenses elevates the offense to a felony with a maximum sentence of ten years, with state judges empowered to order individuals to leave the US.
The ACLU, announcing the lawsuit on its website, deems the law as one of the most expansive immigration laws in Iowa’s history, expressing concerns about its potential impact on minors and its potential to exacerbate racial profiling and family separations.
Governor Kim Reynolds, a Republican, responded to the lawsuit by affirming her duty to safeguard Iowa residents, citing the federal government’s perceived failure to enforce immigration laws under President Biden’s administration.
The legal challenge comes in the wake of a recent decision by the US Court of Appeals for the Fifth Circuit to uphold a preliminary injunction against a similar law in Texas. While this injunction temporarily halts the law’s implementation pending further legal proceedings, it has not resulted in a final ruling.
Meanwhile, other states, such as Oklahoma, have signaled intentions to follow in the footsteps of Texas and Iowa by enacting laws targeting immigration-related issues. Oklahoma’s House of Representatives recently passed legislation criminalizing illegal presence in the state and reentry following deportation.