Under an Iowa law scheduled to go into effect July 1, 2024, individuals who were previously deported as noncitizens but returned with a legal basis could be at risk of removal, per the American Immigration Lawyers Association (AILA) and the Iowa Migrant Movement for Justice. AILA is supporting the nonprofit’s challenge to the Iowa immigration law. Per AILA, the law covers an “exceedingly broad” group of individuals. The law does not consider the individual’s current immigration status, only past actions.
The law, S.F. 2340, makes it a criminal offense in the state of Iowa if a noncitizen enters the state and was previously removed from or denied admission to the United States. If found guilty, the individual must leave the country. An individual can challenge the outcome through a plea-bargain process if found guilty. If the individual does not leave the country, Iowa considers it a Class C felony, punishable by up to 10 years in prison.
Per the terms of the law, there is no allowance for those who returned to the country with a legal basis. This includes those with current legal permanent resident status, those on track to being granted a green card, or those that are in the asylum process. Others at risk include those with Deferred Action for Childhood Arrivals (DACA) recipients, those with Convention Against Torture protection, and Special Immigrant Juveniles are also at risk, among others. The law makes not exception for subsequent legal status.
The U.S. Department of Justice (DOJ) filed a lawsuit against the state of Iowa, arguing the state has not authority on federal government policy and enforcement. A preliminary and permanent injunction has been filed by DOJ, requesting a consolidated hearing to address both the DOJ’s and Migrant Movement’s motions. The hearing is scheduled for June 10, 2024.
As always, ILBSG actively monitors ongoing news that affects U.S. immigration. If you have questions about your immigration issue, whether employment-based or family-based, contact us. Our team of experienced attorneys work directly with our clients to ensure they get the right advice for their specific situations.
