Iowa immigrants: New law criminalizing ‘illegal reentry’ will separate families

IOWA CITY — Members of Iowa's Latino community, immigrant workers, advocates and allies marched and held candlelight vigils Wednesday evening in Iowa City, Davenport, Waterloo and Des Moines in protest over a new law making illegal immigration a state crime.

Organizers emphasize that America's immigration system is in dire need of repair. They say what is needed is comprehensive immigration reform — one that recognizes the contribution of immigrants rather than criminalizing them.

“We need to send a message that Iowa welcomes immigrants and refugees,” said Manny Galvez, leader of Eastern Iowa immigrant rights group Escucha Mi Voz (Hear My Voice). “We cannot allow hate … to destroy our communities.”

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He added: “We are working families. We are immigrants. We are the same as everybody. … We came to this country because we want a better future”; not to be used as a political punching bag.

Iowa City Mayor Bruce Teague said immigrants play an essential role in filling workforce gaps and sustaining economic growth in communities across Iowa. Iowa's meatpacking plants, farms, construction sites and service sectors rely on immigrant labor.

“Immigrants have played an integral role in shaping the cultural, economic and social fabric of Iowa City, contributing their talents, skills and perspectives to our community’s vitality and prosperity,” Teague said, reading from a city proclamation.

He said Iowa City is committed to creating an environment that welcomes and supports immigrants and provides opportunities that “enable them to thrive and contribute to the well-being of our community.”

“Iowa City reaffirms its commitment to protecting the rights, dignity, and safety of all immigrants, including refugees, asylum-seekers and undocumented individuals, and opposes any policies or practices that seek to undermine their humanity or civil liberties,” Teague said.

Reynolds: Law protects Iowans from ‘open’ border

Gov. Kim Reynolds last month signed into law Senate File 2340. The law, which takes effect July 1, makes it a crime for someone to attempt to enter Iowa after being previously deported or barred from entering the United States.

The law makes it an aggravated misdemeanor, which carries up to a two-year sentence. In some cases, including people with certain prior convictions, the state crime would become a felony, punishable by up to five to 10 years in prison.

Immigration enforcement generally is the responsibility of the federal government, and opponents have argued Iowa lacks the proper authority to enforce the law.

A similar law passed in Texas is temporarily blocked while a federal appeals court weighs a challenge to a lower court's ruling that struck down the measure. The lower court found the law “threatens the fundamental notion that the United States must regulate immigration with one voice.”

Escucha Mi Voz member Ninoska Campos said the group is exploring legal action in the courts and has requested meetings with the U.S. Department of Justice, Iowa Department of Public Safety, and local police chiefs and county sheriffs.

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Reynolds and other Republicans argue the measure is needed to respond to record numbers of illegal crossings and accuse Democratic President Joe Biden of abandoning his responsibility to secure the border.

“Every state is a border state. Every state is being impacted by crime, by illegal drugs (coming from Mexico),” Reynolds told reporters Wednesday. “Fentanyl is pouring into our communities. It's killing our children. We have to stop it. And I want to send a message that we welcome legal immigration. We are a gracious country when it comes to that. But, you know, again, if we are a country without a border and a country without laws, we might as well be a third world country. We are not a country, and it has to stop. It is a national security crisis.”

Reynolds stressed she and other governors across the country have an obligation “to step in and do what we can to protect our citizens.”

Iowa’s Catholic bishops oppose state measure

Immigrant rights advocates warn the Iowa law will lead to widespread racial profiling and stereotyping, and consume already strapped state court and law enforcement resources.

The law does not provide funding or a requirement to train officers on immigration law, despite authorizing them to make decisions about a person’s immigration status.

Opponents also raised concerns that parents may be separated from their children if arrested under the new state crime.

Gloria Villatoro, of Coralville, said she and her four children were devastated when her husband, Iowa City Pastor Max Villatoro, was deported to Honduras in 2015. Everyday was a struggle. While he’s since returned to the United States, Gloria said no other family should have endure the pain and loss of being torn apart.

“Stop separating families,” she told a group of roughly 100 demonstrators who gathered in downtown Iowa City Wednesday.

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While the law does not empower Iowa law enforcement to arrest all undocumented immigrants — just those who were previously denied entry or subject to removal — opponents say that can include those with legal status who are pursuing asylum.

The legislation states a court may not halt prosecution under the law on the basis that a federal determination regarding the immigration status of the person is pending or will be initiated.

It also means people who re-entered Iowa decades ago could be arrested and charged with the new crime.

Iowa’s Catholic bishops say they oppose the new law, stating it undermines family unity, reduces humanitarian protections and provides no viable solutions for longtime residents without legal status.

"It is especially problematic that SF 2340 would explicitly allow state officials to prosecute an individual for state immigration crimes, even if that person’s application for immigration relief is pending before federal authorities or they have actually received federal authorization to be present,“ according to a statement from the Iowa Catholic Conference.

“We ask officials to ensure the protection of human rights and dignity of the persons involved,” according to the statement from Iowa’s four Catholic bishops. “Families should receive special consideration and not be separated.”

While Catholics may disagree within the limits of reforming the nation’s immigration system, the bishops “again ask for border protection policies that are consistent with humanitarian values and with the need to treat all individuals with respect, while allowing the authorities to carry out the critical task of identifying and preventing entry of terrorists and dangerous criminals."

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Questions remain as to how the law would be enforced

For those convicted under the new law, Iowa judges will be required to issue an order requiring the person return to the country from which he or she entered the United States. Such order must specify the manner in which they’ll be transported to a U.S. port of entry and list the officer and state agencies responsible for ensuring the violator leaves the country. Undocumented immigrants could face felony charges for non-compliance.

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Rep. Steve Holt, a Republican from Denison who floor managed the bill in the House, 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.

Law enforcement in the state, though, have said they lack the tools and resources at their disposal to enforce the law.

Holt acknowledged there are unanswered questions, such as how the state of Iowa would deport people. He said that language in the bill was left intentionally vague to provide “leeway” for Iowa courts to work with the Iowa Department of Public Safety and arresting agencies to sort out those details.

“We don’t have all the answers yet. There’s of course going to be a court battle connected to this,” he said. “ … But we are going to push the envelope, like Texas,” because the federal government abdicated its duty to control the U.S.-Mexico border.

Holt and Reynolds said state officials will continue to work with Iowa law enforcement to provide clarity and direction, and if needed pass additional legislation or rule-making authority.

“So we'll work together to continue to make sure that it's clear and that (law enforcement) have the tools that they need, but it's a first step and it sends a message,” Reynolds said.

Republican lawmakers last month appropriated $2 million to the Iowa Department of Public Safety for immigration enforcement. The bill states the money can be used by DPS to hire up 12 full-time positions “to conduct coordination, oversight, technical assistance, and investigatory assistance to current or new task forces to address the rise in illegal immigration and related criminal conduct such as drug trafficking and human trafficking.”

The money may also be assigned at the discretion by Iowa Department of Public Safety Commissioner Stephan Bayens.

The money, though, is not specifically tied to enforcing the new state-level crime of “illegal reentry.”

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“This is really going after the worst of the worst,” said Rep. Taylor Collins, a Republican from Mediapolis and vice chair of the House budget committee.

Collins said he agrees there needs to be a federal solution to immigration enforcement.

“But the state of Iowa is not going to sit around and hope the morons in Washington, D.C. finally come to an agreement on something,” he said. “The state of Iowa can no longer sit around and hope that the federal government is going to address this issue and enforce the law. As long as the Biden Administration refuse to do their job, we will do it for them.”

Caleb McCullough of the Gazette-Lee Des Moines Bureau, contributed to this report.

Comments: (319) 398-8499; tom.barton@thegazette.com