The Iowa House of Representatives
passed a bill Tuesday that would allow state officials to arrest certain undocumented immigrants and order them to leave the country, sending it to Gov. Kim Reynolds for her signature.
The bill is similar to a Texas law that
the U.S. Supreme Court allowed to take effect about two hours before the vote in the Iowa Legislature. Just a few hours after that,
a federal appeals court blocked the law from being enforced, so Texas officials cannot
arrest and deport undocumented immigrants while federal courts decide if that law is constitutional. Courts have previously found that only the federal government can enforce immigration laws.
Rep. Steven Holt, R-Denison, managed the passage of the Iowa bill. He said the federal government has abdicated its duty to control the U.S.-Mexico border, and Iowa needs to step in.
“We know that many have come across our border just to have a better life and escape the pain in their own countries,” Holt said. “But we also know that there are gang members, terrorists, rapists, and those who commit murder that have also crossed our border.”
Rep. Sami Scheetz, D-Cedar Rapids, opposed the bill. He said illegal immigration is a serious problem that requires cohesive action at the national level.
“This bill, in attempting to solve only one problem, risks creating others,” Scheetz said. “Fostering fear among immigrant communities, disrupting families, and potentially hindering cooperation with law enforcement.”
Migrant rights advocates have voiced opposition to this bill and other proposals in the Iowa Legislature that target undocumented immigrants.
“From Texas to Iowa, our message is No Tengan Miedo, have no fear,” said Manny Galvez, a board member for Escucha Mi Voz Iowa. “We will continue to fight this unconstitutional law during rulemaking, in the courts, and on the streets. We will continue to organize to stop deportations, protect refugee children, and keep families together.”
Opponents of the bill have also raised concerns that it would allow the arrest of people who have an application for immigration relief pending before federal authorities, and that state law enforcement officials and judges do not have the experience necessary to interpret and enforce immigration laws.
Holt said state law enforcement officials need the ability to arrest people for coming to the country illegally because federal officials do not always agree to state requests to detain people.
Bill would create state crime called "illegal reentry"
Undocumented immigrants could face up to two years in prison if they enter, attempt to enter, or are found in Iowa and have been denied admission to or been deported from the U.S. People who were previously deported after being convicted of other crimes could face up to five or ten years in prison if they come to Iowa.
Holt referred to this as a “second offense bill.”
“So if you just have somebody that sneaks into the border and hasn’t been previously identified as being in the country illegally, this actually would not apply to them,” he said.
Under the bill, Iowa judges could dismiss some of these charges and order people to return to the foreign nation from which they entered the country, which would be Mexico in most cases. Those who are convicted of illegal reentry would be ordered to leave the U.S. after their prison term.
Iowa judges’ deportation orders would have to include the manner of transportation and the state or local law enforcement agency responsible for ensuring the person leaves.
“Logistically, I get that there are challenges here, because we’re in uncharted territory,” Holt said when asked if state troopers would have to drive people to a border crossing in Texas. “I think those things can be worked out if and when the time comes and it actually has to be used.”
He said law enforcement could take people ordered to leave the U.S. to the Des Moines airport and put them on a flight to Mexico.
Law enforcement officers wouldn’t be permitted to arrest people for this offense if they are at a school for educational purposes, at a place of religious worship, if they’re getting medical treatment at a health care facility, or getting a forensic medical exam related to a sexual assault.
The bill would also protect state and local government officials who enforce it from lawsuits.
“Implementing state-level penalties and enforcement mechanisms not only encroaches upon federal jurisdiction, but it also sets up for a potential legal quagmire, diverting precious resources from areas that directly impact the wellbeing of our communities, like education, health care and public safety,” Scheetz said.
The nonpartisan Legislative Services Agency
was unable to determine how much this bill would cost the state because this would be a new crime with an unknown number of arrests and convictions. According to LSA, the state could face “significant” costs to remove people from the country.
The bill
passed 64 to 30, with three Democrats joining almost all Republicans in voting for the bill, and one Republican joining most Democrats in voting against it.
If the bill is signed into law and not blocked by a court, it would take effect July 1.
The Iowa House of Representatives passed a bill Tuesday that would allow state officials to arrest certain undocumented immigrants and order them to leave the country, sending it to Gov. Kim Reynolds for her signature.
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