A federal judge issued a temporary block of the Iowa law giving state officials the power to arrest and remove previously deported individuals, whether now in the country with a legal basis or not. The judge cited immigration as a federal law and ruled the state law invalid on that basis. The preliminary injunction stated the federal government and other groups filing motions against the Iowa immigration law will likely prevail in their challenges to the state law.
The Iowa immigration law scheduled, to go into effect July 1, 2024, makes it a crime to be in the state of Iowa if individuals were ever deported. The consequence, if found guilty, requires the individual to leave the country if they do not choose a plea deal option. The state claims the federal government doesn’t have a case. However, the judge further confirmed that the federal government has a history of challenging state laws when they conflict with federal law.
Further, the judge noted another federal judge’s review of a similar law passed in the Texas. The district and the circuit courts determined that the Texas immigration law is likely unconstitutional as it conflicts with federal law. And, as such, the Iowa state law is likely also invalid on the same basis. In addition, a Supreme Court decision found that federal immigration law preempts state laws regarding immigration-related offenses, in the case of Arizona v. United States.
If you have questions about any U.S. immigration-related issue, contact us. Our team of experienced attorneys work directly with our clients to ensure they get the right advice for their specific situations.
