The controversial immigration law, SF 2340, is facing legal challenges from both the Department of Justice and civil rights groups. On Thursday, two separate lawsuits were filed with the aim of blocking the law from being implemented in Iowa.
SF 2340 grants local law enforcement officials the authority to apprehend individuals who have had previous deportation or removal orders, or have been denied entry into the country before. Additionally, it empowers judges to issue orders for the return of such individuals to their country of origin.
Children can still be charged under the law.
The Department of Justice (DOJ) has filed a lawsuit shortly after Principal Deputy Assistant Attorney General Brian Boynton wrote a letter to Governor Kim Reynolds. In the letter, obtained by ABC News, Boynton urged Reynolds to repeal the law by May 7th or face potential legal consequences.
The law was passed by state lawmakers last month and signed by Gov. Kim Reynolds. It is set to take effect on July 1.
According to a statement by Boynton, Iowa must not ignore the U.S. Constitution and established Supreme Court rulings. The intention behind taking this action is to guarantee that Iowa follows the guidelines set forth by Congress and the Constitution regarding immigration regulation.
The Iowa law, known as Senate File 481 or SF 481, draws heavily from a similar law in Texas called Senate Bill 4, or SB 4. Currently, SB 4 is on hold pending a court decision regarding its constitutionality. The Department of Justice has also filed a lawsuit against SB 4, which grants local law enforcement the authority to detain and arrest migrants they suspect of illegally entering the country. Both laws empower judges to order individuals’ deportation.
On Thursday, the American Immigration Council, American Civil Liberties Union, and the ACLU of Iowa took legal action by filing a separate lawsuit. The Iowa Migrant Movement for Justice and two individuals, who are being represented by the immigrant rights organization, are the plaintiffs in this case.
The group’s lawyers argued in the lawsuit that the law fails to account for individuals who have been previously deported or denied entry, but have since obtained authorization to be in the country. This means that even individuals who have been granted asylum, belong to a protected class, or possess green cards may face potential arrest and imprisonment.
According to the ACLU, the lawsuit brings attention to the story of an 18-year-old Honduran migrant who experienced a tragic series of events. Her father was murdered, and her sister was kidnapped in their home country. At the age of 14, she sought refuge in the U.S., but unfortunately, she was deported. Undeterred, she made her way back to the U.S. independently and was eventually granted asylum.
According to the groups, they claim that she could potentially face arrest and imprisonment as a result of the law.
A conviction under this law could result in a prison sentence ranging from 2 to 10 years. Offenders who have been previously convicted of two or more misdemeanors related to drug offenses, crimes against a person, or both, could face up to 5 years in prison as a Class D felony, according to the law.
Those with a previous felony conviction, who have been removed from the country, could face a maximum of 10 years in prison, charged with a Class C felony. A removal order would be issued for all convicted individuals, but some would have the option to choose removal instead of facing further prosecution.
“This law has a detrimental impact on Iowa families and communities. Iowa lawmakers deliberately targeted individuals who are protected by federal immigration laws and have legal permission to reside here, such as those granted asylum or special visas for survivors of domestic violence or other crimes,” stated Rita Bettis Austen, the Legal Director of ACLU of Iowa. She further emphasized, “There are numerous valid reasons, including foreign relations, national security, humanitarian concerns, and our constitutional system, behind the federal government’s enforcement of immigration laws. It is impractical and concerning for each state to independently enforce their own separate immigration regulations. The extent of the harm and peculiarity of this law cannot be overstated.”
Gov. Reynolds, in a recent post on X, accused President Joe Biden of neglecting to enforce the existing immigration laws.
“The Department of Justice (DOJ) and the American Civil Liberties Union (ACLU) have filed a lawsuit against Iowa for its efforts to safeguard our citizens, even as President Joe Biden neglects to uphold existing immigration laws. If he fails to prioritize the rule of law, Iowa will take a stand!” expressed the governor.
