Republican Iowa Governor Kim Reynolds has signed Bill SF 2340, allowing Iowa’s state and local law enforcement agencies to arrest illegal immigrants who have reentered the U.S. after deportation.
Governor Reynolds articulated the rationale behind the bill, emphasizing the federal government’s shortfall in enforcing immigration laws.
“The Biden Administration has failed to enforce our nation’s immigration laws, putting the protection and safety of Iowans at risk,” Reynolds stated.
This sentiment reflects a growing concern among Republican elected officials nationwide as they grapple with the complexities of immigration enforcement amidst nearly 7.3 million illegal immigrant encounters since 2021, as reported by U.S. Customs and Border Protection.
During hearings with the House and Senate on Tuesday, lawmakers intensely questioned Department of Homeland Security Secretary Alejandro Mayorkas about what they deem the Biden administration’s unsuccessful border security strategies. [Source]
“For over three years, we have seen skyrocketing illegal immigration at our borders. And every corner of the country can see and feel its impact,” stated Republican Ohio Rep. Dave Joyce in his opening remarks. “The American people know that the border is not secure; it is a full-blown crisis that this Administration has sought to downplay for years. While recently, their messaging has changed as the 2024 election nears; this budget shows those are just empty words. This request is not serious if the goal is to fix the problem and secure the border.”
Set to take effect on July 1, SF 2340 authorizes state courts to deport illegal immigrants and imposes penalties of up to two years in prison for those caught reentering Iowa illegally. [Source]
This legislative action highlights a broader initiative among states to assert their roles in immigration enforcement, a movement that has seen varied levels of support and contention across the country.
Texas, for instance, has faced legal challenges with its similar law, indicating the complex interplay between state and federal jurisdictions in addressing immigration.
Critics of the bill, such as Des Moines Police Chief Dana Wingert and Shawn Ireland, President of the Iowa State Sheriffs and Deputies Association, have voiced concerns over the practical aspects of enforcing the new law.
“Not only do we not have the resources to assume this additional task, we don’t even have the ability to perform this function,” Wingert told the Associated Press, highlighting the logistical challenges that law enforcement may face.
The law also stipulates that arrests cannot be made in places of worship, schools, or medical facilities, showcasing an attempt to balance enforcement with humanitarian considerations.
Arrested individuals might have the opportunity to leave the country voluntarily, avoiding charges based on a judge’s discretion.
However, the American Civil Liberties Union of Iowa has condemned the legislation as “one of the most extreme, discriminatory, and unconstitutional anti-immigrant bills” in the country.
Mark Stringer, the executive director of the Iowa ACLU, criticized the bill for facilitating racial profiling and consuming critical state resources, arguing that it undermines public safety and the rule of law rather than promoting them.
Drawing parallels to Texas’ SB4 legislation, which has encountered legal roadblocks, Iowa’s SF 2340 represents a bold assertion of state authority in immigration enforcement.