Lawmakers OK bill allowing Iowa cops to arrest people in U.S. illegally

DES MOINES — Iowa law enforcement would be allowed to arrest and judges would be able to order the removal of an immigrant who enters the U.S. illegally, under a bill House lawmakers sent to Gov. Kim Reynolds on Tuesday.

The bill creates a new crime of “illegal reentry” and allows the state to prosecute immigrants if they are found to be in the country illegally after previously being denied entry or deported.

Iowa Republicans have proposed several immigration enforcement bills this year, but Senate File 2340 is the first to gain the approval of both chambers of the Legislature.

Republicans argue the measures are necessary to respond to record numbers of illegal border crossings and have accused President Joe Biden of abandoning his responsibility to secure the border.

Also on Tuesday, the U.S. Supreme Court allowed a similar law passed last year in Texas to take effect while a court challenge plays out. The Texas law allows state officials to arrest and deport immigrants who enter the country illegally.

Immigration enforcement is generally the responsibility of the federal government, and opponents have argued states do not have the authority to take measures like those in the Texas law and Iowa bill.

The bill passed the House 64-30 with mostly Republican support. Democratic Reps. Josh Turek of Council Bluffs and Kenan Judge of Waukee joined Republicans in support, while Republican Rep. Brian Lohse of Bondurant joined most Democrats in voting against it.

The bill is now eligible to be signed into law by Reynolds, a Republican.

“President Biden and his Administration have failed to enforce our immigration laws and, in doing so, have compromised the sovereignty of our nation and the safety of its people," Reynolds said in a statement provided by a spokesperson. "States have stepped in to secure the border, preventing illegal migrants from entering our country and protecting our citizens. Americans deserve nothing less. I look forward to signing SF 2340 into law.”

The bill, and others like it, have been opposed by a coalition of immigrant activists during the lawmaking process.

Manny Galvez, a board member of Eastern Iowa immigrant rights group Escucha Mi Voz, said in a statement Tuesday the group would attempt to block the bill through courts and other avenues.

“From Texas to Iowa, our message is No Tengan Miedo, have no fear,” Galvez said. “We will continue to fight this unconstitutional law during rule-making, in the courts and on the streets. We will continue to organize to stop deportations, protect refugee children, and keep families together."

What does the bill do?

Under the bill, if a person is arrested for illegal reentry by Iowa law enforcement, they could be charged with a Class D or Class C felony, depending on the circumstances. A Class D felony carries a prison sentence of up to five years, a Class C felony up to 10 years.

During court proceedings, a judge could issue an order requiring the person charged be returned to their country of origin.

Law enforcement would not be able to arrest a person for violating the law while they are at a school, religious institution, health care facility or a facility that provides exams for survivors of sexual assault.

The bill also would create civil immunity for city and state employees and contractors who are sued for implementing the law.

Republican cites ‘invasion’

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House Rep. Steven Holt, R-Denison, the bill’s floor manager, employed arguments similar to those used by Texas officials to argue Iowa has a right to enforce immigration laws. He said the influx of migrants crossing the southern border should be considered an “invasion” under the Constitution.

“This is the situation we face today,” he said. “It is a clear and present danger, and we do not have time to delay and hope the federal government suddenly decides to do its job. Clearly, that is not happening.”

Biden proposed a bill earlier this year that would allow his administration to more strictly enforce border security and allow officials to more quickly deport migrants. The bill failed to garner support among congressional Republicans.

Holt argued the influx of border crossings presents a higher likelihood that criminals are entering the country illegally. He pointed to the death of Laken Riley, a Georgia woman whose suspected killer was not in the country legally, and said lax enforcement is enabling human trafficking.

Some opponents of the bill argued that it will encourage racial profiling as law enforcement has no clear way to determine someone's legal residency status.

Holt said that a confirmation of citizenship would only be triggered if a person is arrested for a separate crime, which is already part of the legal process.

“I don't think there's any aspect of racial profiling here because they don't do that for a speeding ticket," he said. ”They don't take people into custody for a speeding ticket, so it's going to have to be something that raises to the level where the person would have to be taken into custody.“

Dem: ‘It fosters fear’

Rep. Sami Scheetz, D-Cedar Rapids, on Tuesday argued the bill would create legal questions and encroach on what should be a federal issue.

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“This bill, in attempting to solve only one problem, risks creating others — fostering fear among immigrant communities, disrupting families and potentially hindering cooperation with law enforcement,” he said. “The ripple effects of this bill could touch every facet of our community life.”

Scheetz said the fear created by the bill had the potential to damage immigrant communities in Iowa. Scheetz’s mother immigrated to the U.S. from Syria, and he said his partner is also an immigrant.

“Their stories, like those millions of immigrants throughout our nation’s history, are testaments to the enduring spirit of those seeking a place to call home, to contribute, to become part of the American mosaic,” he said.

Comments: cmccullough@qctimes.com