Two separate lawsuits argue that Iowa’s law preempts federal immigration authority, making the law illegal. In the Iowa immigration law, state officials have the authority to arrest and remove noncitizens previously deported or denied legal entry. Similar to the ongoing legal battle over a Texas law, the question of state versus federal authority to enforce immigration policy is the core of the debate.

Iowa Senate File 2340 is scheduled to take effect July 1, 2024. The lawsuits filed by the U.S. Department of Justice and the American Civil Liberties Union (ACLU) state the law violates the supremacy clause in the U.S. Constitution and Congressional policy. The ACLU suit also represents the American Immigration Council and the Iowa Migrant Movement for Justice (IMMJ), and two lawful permanent U.S. residents. Members of the IMMJ will be subject to removal if the law is allowed to go into effect.

The law considers entry or attempted entry to Iowa an aggravated misdemeanor for those previously denied admission or deported from the U.S. If found guilty of the crime, individuals must leave the U.S. The state will provide instructions on transportation to a U.S. port of entry and details of the law enforcement agency required to fulfill the order. One group claims the law makes no exceptions for those who left the U.S. but returned with a legal status. This includes individuals with green cards or those seeking asylum, along with holders of protective visas. Further, the law does not exclude children from prosecution, possibly breaking up families and returning individuals to dangerous and violent countries.

The DOJ stated the U.S. Supreme Court’s Arizona v. United States decision preempts the Iowa law. In that decision, the Court stated the federal government has broad power over U.S. immigration.

A similar law in Texas continues to be the subject of ongoing litigation. Currently, the Fifth Circuit court is reviewing Texas S.B. 4 which would allow the state to arrest and deport those suspected of illegally crossing the U.S. border. The Iowa law similarly addresses the gap where the federal government is allegedly unwilling or unable to enforce immigration laws.

As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. We work with our clients in their specific situations to ensure they get the right advice.

Iowa Immigration Law