Requiring Iowa law enforcement to sign agreement with federal immigration officers nixed; new proposal emerges

DES MOINES — One proposed bill requiring Iowa law enforcement to cooperate with federal immigration agencies was shelved, but another is on its way.

Republican lawmakers in the Iowa House on Tuesday spiked legislation that would have required all Iowa law enforcement agencies to enter into a written agreement with U.S. Immigration and Customs Enforcement, or ICE, to participate in the enforcement of federal immigration laws.

Iowa Rep. Steve Holt, a Republican from Denison, said he killed the bill — House Study Bill 187 — after hearing concerns from Iowa law enforcement officers. They told Holt they do not have the manpower necessary to comply with the proposed requirement, and worried that such a requirement would “federalize” local law enforcement.

“So not that we don't want cooperation with immigration authorities, but in the end, we don't necessarily think that this is the right path to achieve that,” Holt told reporters Tuesday after a meeting of the House Judiciary Committee that he chairs.

Instead, Holt said, House Republicans will consider legislation that would make it a Class D felony for any law enforcement officers, including county sheriffs, to “knowingly and intentionally” fail to comply with federal immigration officers. In Iowa, a Class D felony is punishable by up to five years in jail and a fine between $1,025 and $10,245.

Any officer convicted of that crime also would 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.

“(The new House Republican immigration bill) is in response to making sure that our law has teeth and that our law enforcement officers know that they better comply with the law,” Holt said.

A subcommittee hearing is scheduled for the new bill, House Study Bill 285, on Wednesday afternoon, and Holt said it could be considered by the Judiciary Committee on Thursday, the final day of scheduled legislative activity before a deadline by which bills must be advanced out of committee to remain eligible for further consideration this year.

Other House Judiciary Committee work

The House Judiciary Committee also advanced legislation that would allow county supervisors to obtain outside counsel to determine whether a conflict of interest exists between the county attorney and the supervisors or other county officials.

Similarly, under the bill a county sheriff could petition a district judge to determine whether such a conflict exists.

The committee gave unanimous approval to House File 414, which is now eligible for debate by the full Iowa House.

The committee also approved a bill that would require pornographic websites to verify the age of visitors in order to prohibit minors. Iowa Rep. Skyler Wheeler, a Republican from Hull, said that in other states where similar measures passed, the pornographic website Porn Hub shut off access to its site altogether.

That bill, House File 62, also passed the committee unanimously.

All bills approved by the committee met the requirements of this week’s legislative “funnel” deadline and are now eligible for debate by the full Iowa House.

Comments: (515) 355-1300, erin.murphy@thegazette.com

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