Capitol Notebook: Punishment proposed for Iowa law enforcement for not cooperating with federal immigration

DES MOINES — Any Iowa law enforcement officer who refuses to comply with federal immigration detainer requests would be guilty of a felony under legislation advanced Wednesday by Republican members of an Iowa House subcommittee.

House Study Bill 285 would make it a Class D felony for law enforcement officers, including county sheriffs, to “knowingly and intentionally” fail to comply with federal immigration officers. A Class D felony is punishable by up to five years in jail and a fine between $1,025 and $10,245.

Officers, sheriffs and deputies convicted of the offense would also lose their certification from the Iowa Law Enforcement Academy.

Last month, Winneshiek County Sheriff Dan Marx, a Republican, announced in a social media post that he would not comply with non-warrant immigration detainers requested by federal immigration enforcement.

Tony Phillips, a lobbyist representing the Iowa State Sheriffs’ & Deputies’ Association, said the bill imposes severe penalties on law enforcement for failing to provide “reasonable or necessary” enforcement assistance to federal immigration officer, which can be open to broad interpretation.

“If there’s simply a misunderstanding or maybe a lack of resources to provide enforcement assistance, I now have a member of law enforcement that risks a Class D felony, imprisonment up to five years,” fines, loss of voting rights and inability to carry a firearm, Phillips said.

Rep. Lindsay James, a Democrat from Dubuque who serves on the three-member subcommittee, worried the bill could hinder law enforcement recruitment and retention, and complicate immigration orders and actions being taken at the federal level to increase enforcement.

Rep. Skyler Wheeler, R-Hull, criticized Marx’s social media post, calling it “absolutely ridiculous” and accusing the sheriff of seeking fame and risking county funds and increased crime. Iowa cities and counties that intentionally violate federal immigration law risk having their state funding revoked under a 2018 state law banning so-called “sanctuary cities.”

Rep. Steven Holt, R-Denison, who filed the bill and chaired the subcommittee, emphasized the need for strong enforcement. He cited tragic murders involving immigrants not authorized to be in the country that have grabbed national headlines — including victims Laken Riley and Jocelyn Nungaray — and advocated for the bill’s provisions to ensure public safety.

“If a law enforcement officer in this state refuses to comply with (U.S. Immigration and Customs Enforcement) detainer requests, which could result in another Laken or Jocelyn tragedy right here in Iowa, the penalty should fit the gravity of the crime and the consequences of these actions,” Holt said. “Class D felony and decertification is spot-on, as far as I’m concerned.”

The bill will be taken up Thursday by the Judiciary Committee, the final day of scheduled legislative activity before a deadline by which bills must be advanced out of a committee to remain eligible for consideration this year.

Limits on mobile home rent increase advanced

Legislation that would bar mobile home or manufactured home community landlords from increasing rent more than once a year advanced out of a House judiciary subcommittee Wednesday.

Democratic Rep. Lindsay James of Dubuque, a House File 481 cosponsor, said the limit is needed to protect mobile home park tenants from being taken advantage of by large companies.

“These are the wealthiest people in our country who are preying on some of the most vulnerable people in our country,” James said. “These are single moms who are fighting to keep their homes. These are our disabled veterans who need the support and care of good mom and pop landlords.”

Andy Conlin representing the Iowa Manufactured Housing Association said most of the landlords are acting in good faith.

“The largest operators in the state, you've never heard of because they buy their communities, they grow in the right way, and they simply just operate,” Conlin said.

Conlin added that the bill would make it difficult for landlords when they need to raise rent due to unforeseen costs, pointing to when Cedar Rapids instituted a stormwater fee in 2016.

The bill carves out exceptions for landlords to increase rent more than once a year if there are increases in infrastructure-related expenses or increases in insurance premiums.

Current law requires landlords to give tenants a written notice of a rent increase at least 90 days out.

Bill to boost governor’s, legislators’ salaries advances

A proposed series of significant salary increases for elected state officials was narrowly approved by a Senate committee.

The Iowa governor’s pay would be increased from $130,000 to $230,000, an increase of roughly 77 percent. State legislators, whose work is considered part-time, would see their salaries increase from $25,000 to $45,000. The top legislative leaders would receive salary increases of $30,000, and other legislators in leadership positions would see boosts of $22,000 each.

Most state agency leaders would receive raises of $76,788, and the attorney general’s salary would increase by $86,331.

State officials’ salaries have not increased since 2007, which also was the last year lawmakers voted to increase Iowa’s statewide minimum wage.

The proposal, Senate File 464, passed the Senate State Government Committee by a 10-8 vote, with some Republicans joining Democrats in voting against it. It is now eligible for consideration by the full Iowa Senate.

Medicaid work requirements advance

Iowans in the state’s version of Medicaid expansion would be required to work at least 80 hours a month to receive benefits under legislation advanced by Republicans in both chambers of the Iowa Legislature.

Republicans advanced Senate File 363 and House Study Bill 248 out of committees in their respective chambers.

Proponents say the legislation is designed to ensure that able-bodied Iowans receiving public assistance are working.

The bill passed committees on votes of 10-5 in the Senate and 12-8 in the House. Gov. Kim Reynolds hailed the bills’ advancement in a social media post.

“If you can work, you should. It’s time to refocus Iowa’s Medicaid program on its core population — aged, disabled, and children,” Reynolds wrote.

Democratic Rep. Austin Baeth of Des Moines argued Medicaid work requirements are not an effective way to incentivize more to work.

“This is not going to fix the problem,” Baeth said. “All it’s going to do is take away health insurance from our most vulnerable residents in this state.”

Gazette-Lee Des Moines Bureau

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