Gov. Kim Reynolds signed a bill into law on Wednesday, making it a state crime for individuals to be in Iowa if they have been previously denied admission to or removed from the United States.
The new law, which will go into effect on July 1, has caused a great deal of anxiety within Iowa’s immigrant communities. It has also raised questions among legal experts and law enforcement officials about its enforcement. Interestingly, this law closely resembles a Texas law that is currently being blocked in court.
Republican leaders in Iowa and across the nation have been criticizing President Joe Biden for what they perceive as a failure to uphold federal immigration law. As a result, Republican governors have taken matters into their own hands by sending troops to Texas, while state legislatures are proposing various state-level approaches to address the issue.
Iowa Governor Kim Reynolds expressed her concerns about the Biden Administration’s approach to immigration enforcement. She stated that the administration’s failure to enforce the nation’s immigration laws has jeopardized the safety and well-being of the people of Iowa. Reynolds took action by signing a bill that grants Iowa law enforcement the authority to enforce existing immigration laws, which she believes the Biden Administration has neglected to do.
After the bill was passed by the Legislature, Des Moines Police Chief Dana Wingert emphasized that immigration status is not taken into consideration when it comes to ensuring community safety. Chief Wingert stated in an email to The Associated Press in March that the department is not adequately equipped, funded, or staffed to assume responsibilities that fall under the purview of the federal government.
According to Wingert, the lack of resources and capability make it impossible for us to take on this additional task.
According to a March email from Shawn Ireland, president of the Iowa State Sheriffs and Deputies Association and a deputy sheriff in Linn County, law enforcement officials would need to seek guidance from county attorneys regarding the implementation and enforcement of the measures.
The Iowa legislation, similar to the Texas law, has the potential to result in criminal charges for individuals with pending deportation orders or those who have been previously removed from or denied entry to the United States. When apprehended, migrants will have the option to comply with a judge’s directive to depart from the country or face prosecution.
The judge must specify the mode of transportation for departing the United States and designate a law enforcement officer or Iowa agency to oversee the migrants’ departures. Failure to comply may result in rearrest on more severe charges.
The implementation of the Texas law has been put on hold due to a legal battle with the U.S. Department of Justice, which argues that it contradicts the federal government’s jurisdiction over immigration matters.
According to Huyen Pham, an immigration law expert from the Texas A&M School of Law, the bill in Iowa encounters similar challenges in terms of execution and enforcement as the Texas law. Deportation, being a complex, costly, and sometimes perilous federal procedure, poses difficulties in effectively implementing the law.
Iowa’s immigrant community groups are taking proactive measures to address people’s concerns by organizing informational meetings and providing relevant materials. Furthermore, they are seeking official statements and arranging face-to-face meetings with local and county law enforcement agencies.
During a community meeting in Des Moines, a group of 80 individuals came together and expressed their concerns in Spanish. One particular question that arose was, “Should I consider leaving Iowa?”
Many individuals had concerns and questions regarding their interactions with the police. Some wondered about the safety of calling the police in certain situations. Others were unsure if Iowa police had the authority to inquire about their immigration status. Additionally, there were concerns about the potential consequences of being racially profiled.
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