Iowa Attorney General Brenna Bird filed a promised appeal Wednesday to a federal judge’s decision temporarily blocking a new law making “illegal reentry” by immigrants a state crime.
Judge Stephen Locher of the Southern District of Iowa ruled Monday that the Iowa law was preempted by federal law, which reserves enforcement of immigration laws to the U.S. government. The judge issued a preliminary injunction, pausing the state law while legal proceedings play out.
The law, which was set to go into effect July 1, would allow Iowa law enforcement officials to arrest and charge noncitizens with a crime if they are in the state but have previously been blocked from entering the country or deported. A judge then would be able to order the person to leave the country or face prison time.
Bird’s appeal sends the case to the Eighth Circuit Court of Appeals, which will rule on whether to keep the injunction in place or dissolve it. The case could then be appealed to the U.S. Supreme Court.
While the Supreme Court does not have to take up appeals, Bird told reporters Tuesday she thinks Iowa’s law, or a similar law in another state, is likely to make it to the nation’s highest court.
“I think there’s a possibility they’ll be dealing with this issue or issues similar to it in the future because a number of states are having this problem with an out-of-control border and out-of-control immigration system,” Bird said.
Bird said she believes the precedent that the District Court relied on to block the state’s law — Arizona v. United States — does not apply. She said Iowa’s law allows state officials to enforce existing federal laws, while Arizona’s law created a new law.
A similar law in Texas has been blocked by an appeals court.
Republican supporters of the law, including Bird, Gov. Kim Reynolds and state lawmakers, said it was necessary to address the rising numbers of illegal border crossings in recent years under Democratic President Joe Biden.
Biden announced a plan this month to block migrants from being granted asylum when encounters at the border reach a certain level. The action came after Republican lawmakers opposed a bipartisan deal to impose immigration restrictions through Congress.
On Tuesday, Biden announced an executive action to grant legal protections for undocumented spouses of U.S. citizens, which is expected to affect about 500,000 people without legal status, according to the Associated Press.
The injunction Monday applied to two separate lawsuits, one brought by the Iowa Migrant Movement for Justice and the other brought by the U.S. Justice Department. In his ruling, Locher said the Iowa law was likely to disrupt the federal government’s immigration policy and relationship with foreign nations.
Locher also agreed with plaintiffs who argued that even legal U.S. residents could be prosecuted under the law if they had been previously barred from entering the country or deported. Iowa Migrant Movement for Justice sued on behalf of two Iowa immigrants who gained legal residency after being deported.
While the state argued that the law should be interpreted to affect only people who currently lack legal status, Locher said there is no language in the law that exempts legal residents from charges.
Judge Stephen Locher of the Southern District of Iowa ruled Monday that the Iowa law was preempted by federal law, which reserves enforcement of immigration laws to the U.S. government. The judge issued a preliminary injunction, pausing the state law while legal proceedings play out.
The law, which was set to go into effect July 1, would allow Iowa law enforcement officials to arrest and charge noncitizens with a crime if they are in the state but have previously been blocked from entering the country or deported. A judge then would be able to order the person to leave the country or face prison time.
Bird’s appeal sends the case to the Eighth Circuit Court of Appeals, which will rule on whether to keep the injunction in place or dissolve it. The case could then be appealed to the U.S. Supreme Court.
While the Supreme Court does not have to take up appeals, Bird told reporters Tuesday she thinks Iowa’s law, or a similar law in another state, is likely to make it to the nation’s highest court.
“I think there’s a possibility they’ll be dealing with this issue or issues similar to it in the future because a number of states are having this problem with an out-of-control border and out-of-control immigration system,” Bird said.
Bird said she believes the precedent that the District Court relied on to block the state’s law — Arizona v. United States — does not apply. She said Iowa’s law allows state officials to enforce existing federal laws, while Arizona’s law created a new law.
A similar law in Texas has been blocked by an appeals court.
Republican supporters of the law, including Bird, Gov. Kim Reynolds and state lawmakers, said it was necessary to address the rising numbers of illegal border crossings in recent years under Democratic President Joe Biden.
Biden announced a plan this month to block migrants from being granted asylum when encounters at the border reach a certain level. The action came after Republican lawmakers opposed a bipartisan deal to impose immigration restrictions through Congress.
On Tuesday, Biden announced an executive action to grant legal protections for undocumented spouses of U.S. citizens, which is expected to affect about 500,000 people without legal status, according to the Associated Press.
The injunction Monday applied to two separate lawsuits, one brought by the Iowa Migrant Movement for Justice and the other brought by the U.S. Justice Department. In his ruling, Locher said the Iowa law was likely to disrupt the federal government’s immigration policy and relationship with foreign nations.
Locher also agreed with plaintiffs who argued that even legal U.S. residents could be prosecuted under the law if they had been previously barred from entering the country or deported. Iowa Migrant Movement for Justice sued on behalf of two Iowa immigrants who gained legal residency after being deported.
While the state argued that the law should be interpreted to affect only people who currently lack legal status, Locher said there is no language in the law that exempts legal residents from charges.
Iowa AG appeals injunction against state immigration law
The law, which was set to go into effect July 1, would allow Iowa law enforcement officials to arrest and charge non-citizens with a crime if they are in the state but have previously been blocked from entering the country or deported.
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