A federal judge on Monday temporarily blocked an Iowa law that allowed law enforcement officers in the state to file criminal charges against people with outstanding deportation orders or who previously had been denied entry to the US.
US district court judge Stephen Locher issued a preliminary injunction because he said the Department of Justice and civil rights groups who filed suit against the state were likely to succeed in their argument that federal immigration law pre-empted the law approved this spring by Iowa legislators.
“As a matter of politics, the new legislation might be defensible,” Locher wrote in his decision. “As a matter of constitutional law, it is not.”
The Iowa law, which was set to take effect on 1 July, would let law enforcement officers file charges to be brought against people who have outstanding deportation orders or who previously have been removed from or denied admission to the US.
Once in custody, migrants could either agree to a judge’s order to leave the US or be prosecuted, potentially facing time in prison before deportation.
In approving the law, Iowa’s Republican-majority legislature and Governor Kim Reynolds said they took the action because the administration of Joe Biden was not effective in controlling immigration along the nation’s southern border.
In arguments last week before Locher, the state said the Iowa law would only enable state law enforcement and courts to apply federal law, not create new law.
“We have a law that adopts the federal standard,” Valencia said.
However, the federal government and civil rights groups said the Iowa law violated the federal government’s sole authority over immigration matters and would create a host of problems and confusion.
Christopher Eiswerth, a justice department attorney, and Emma Winger, representing the American Immigration Council, said the new Iowa law did not make an exception for people who had once been deported but now were in the country legally, including those seeking asylum.
The law is similar but less expansive than a Texas law, which was in effect for only a few confusing hours in March before it was put on hold by a federal appeals court’s three-judge panel.
Iowa’s attorney general, Brenna Bird, said in statement that she would appeal against the judge’s decision.
“I am disappointed in today’s court decision that blocks Iowa from stopping illegal reentry and keeping our communities safe,” Bird said. “Since Biden refuses to secure our borders, he has left states with no choice but to do the job for him.”
Reynolds issued a statement that also expressed frustration at the judge’s ruling and criticized Biden.
“I signed this bill into law to protect Iowans and our communities from the results of this border crisis: rising crime, overdose deaths, and human trafficking,” Reynolds said.
