Des Moines— A bill signed into law by Gov. Kim Reynolds on Wednesday makes it a state criminal to remain in Iowa if previously denied admission or deported from the US. The rule, which takes effect July 1, has raised immigrant concern in Iowa and raised worries among legal experts and law enforcement about its enforcement. It resembles a Texas law halted in court.
Republicans in Iowa and nationwide have accused President Joe Biden of failing to enforce federal immigration law, prompting governors to send troops to Texas and legislatures to seek state-level tactics.
The Biden Administration has failed to enforce our nation's immigration laws, putting Iowans at risk,” Reynolds said after signing the bill. "This bill gives Iowa law enforcement the power to enforce immigration laws he refuses to enforce."
In March, Des Moines Police Chief Dana Wingert emailed The Associated Press that immigrant status did not affect community safety after the Legislature enacted the law. He claimed the force is “not equipped, funded or staffed” to handle federal duties. Wingert added, "We don't have the resources or the ability to take on this additional task."
The Iowa State Sheriffs and Deputies Association president and Linn County deputy sheriff Shawn Ireland noted in a March email that law enforcement will need county attorneys for implementation and enforcement advice. Like the Texas law, the Iowa proposal may criminalize those with deportation orders or who have been deported or denied entry to the U.S. Once in detention, migrants could comply with a judge's order to depart or be prosecuted.
The judge's order must specify migrant transportation and a law enforcement or Iowa agency to oversee their departures. Those who stay may be arrested for more serious crimes. The Texas law is blocked in court as the U.S. Department of Justice claims it violates immigration law.
Since deportation is a “complicated, expensive and often dangerous” federal procedure, immigration law expert Huyen Pham of Texas A&M School of Law said the Iowa bill confronts the same implementation and enforcement issues as the Texas law.
Iowa's immigrant community groups are holding educational seminars and distributing materials to answer inquiries. They want official statements and face-to-face encounters from local and county law enforcement. At a Des Moines community gathering, 80 Spanish-speaking people questioned, “Should I leave Iowa?”
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