DES MOINES, Iowa (AP) — It will be a state crime for a person to be in Iowa if they have previously been denied entry into the United States or removed under ‘a bill signed by Governor Kim Reynolds on Wednesday.
The law, which takes effect July 1, has sparked concern among Iowa’s immigrant communities and prompted questions among legal experts and law enforcement about how it will be enforced. This reflects part of a Texas law that is currently tied up in court.
In Iowa and across the country, Republican leaders have accused President Joe Biden of neglecting his responsibilities in enforcing federal immigration law, leading Republican governors to send troops to Texas and legislatures to propose various strategies at the state level.
“The Biden administration has failed to enforce our nation’s immigration laws, putting the safety and security of Iowans at risk,” Reynolds said in a statement after signing the bill. “This bill gives Iowa law enforcement the power to do what they don’t want to do: enforce immigration laws already on the books.”
After the Legislature passed the bill, Des Moines Police Chief Dana Wingert told The Associated Press in an email in March that immigration status was not taken into account in the department’s work to keep the community safe. He said the force is “neither equipped, nor funded, nor staffed” to handle the responsibilities that fall to the federal government.
“Simply put, not only do we not have the resources to take on this additional task, we don’t even have the capacity to fulfill this function,” Wingert said.
Shawn Ireland, president of the Iowa State Sheriffs’ and Deputies’ Association and a Linn County deputy sheriff, also said in a March email that law enforcement officials should consult county attorneys for guidance on implementation and enforcement.
Iowa’s law, like Texas’, could involve criminal prosecution of people who have outstanding deportation orders or who have already been deported or denied admission to the United States. Once in custody, migrants could either accept a judge’s order to leave the United States or face prosecution.
The judge’s order must identify the means of transportation to leave the United States and an Iowa law enforcement officer or agency to monitor the migrants’ departures. Those who don’t leave could be rearrested on more serious charges.
The Texas law is stuck in court after a challenge from the U.S. Justice Department that declared it in conflict with federal immigration authorities.
The bill in Iowa faces the same implementation and enforcement issues as the Texas law, since eviction is a “complicated, expensive and often dangerous” federal process, said expert Huyen Pham in Immigration Law from Texas A&M School of Law.
In the meantime, Iowa’s immigrant community groups are organizing informational meetings and materials to try to answer people’s questions. They are also asking local and county law enforcement for official statements, as well as face-to-face meetings.
At a community meeting in Des Moines, 80 people gathered and asked questions in Spanish, including: “Should I leave Iowa?”
Others asked, “Is it safe to call the police?” “Can the Iowa Police ask me about my immigration status? » And: “What happens if I am a victim of racial profiling?” »
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