Department of Justice threatens to sue Iowa if new immigration law is enforced
SIOUX CITY (KTIV) - There’s a new law in Iowa that would allow local law enforcement officers to arrest certain migrants and allow state court judges, not just federal judges, to deport them.
The law has drawn both praise and criticism. The U.S. Department of Justice has threatened to sue Iowa’s state government if the measure continues. Reaction has been a mixed bag.
KTIV spoke with the Cherokee County Sheriff Friday, and he says he generally supports the law but feels more guidance is needed about how all this is going to work.
We previously spoke with the former Storm Lake Police Chief who is not in favor, because immigration enforcement should be a federal responsibility. And because immigration is good for our communities.
According to the Iowa Capital Dispatch, the law makes it an aggravated misdemeanor to enter Iowa if a person was previously denied admission to the U.S., or was otherwise removed or deported.
According to the law, a state-level judge could then order the person not just removed from the state of Iowa but from the entire country.
Traditionally, immigration enforcement has been the sole responsibility of the federal government. Attempts by Arizona and Texas to create similar laws have been blocked by the federal courts.
As previously mentioned, the federal government says it will sue to block the law if enforcement isn’t called off by May 7.
Cherokee County Sheriff Derek Scott says he sees the impact of what he calls a “crisis” at the U.S.-Mexico border almost every day. Recently, his deputies seized two and a half pounds of meth, likely from Mexico.
So, he supports the newly minted law, if appropriate guidance is given.
“From talking to other law enforcement and talking with other elected officials, it seems like our border is in a crisis down there,” said Scott. “So something needs to be done, in my opinion, to help help us fight this crime.”
Scott said Cherokee County has had some dealings with immigration matters, but not a lot. So, more guidance about how the law is going to work is needed.
“I think the majority of what my thoughts are, is we need some more guidance from the state level and how we are going to enforce this and what we’re going to do with it,” he said.
The Cherokee County Sheriff said a criminal records check should show if someone has been deported before. But he said there are stringent rules on running those checks. For instance, he said catching someone speeding likely isn’t going to be good enough. Scott said it’s unlikely his deputies would be going door to door checking immigration paperwork.
“I believe (the law) is a nice tool to have in our pocket to help enforce the law,” said Scott. “And if this person has been in a problem, to get them out of our community.”
Earlier this week, the four Catholic bishops of Iowa released a statement about the law.
It reads in part, “It is especially problematic that (the law) would allow prosecution for state immigration crimes, even if that person’s application for immigration relief is pending before federal authorities or they have actually received federal authorization to be present.”
It goes on to say, “...we ask officials to ensure the protection of human rights. Families should receive special consideration and not be separated.”
The four bishops noted local law enforcement has “little training” in immigration law.
Iowa Gov. Kim Reynolds previously released a statement to KTIV about the new law.
In it, she wrote in part,“Those who come into our country illegally have broken the law, yet Biden refuses to deport them. This bill gives Iowa law enforcement the power to do what he is unwilling to do: enforce immigration laws already on the books.”
We reached out to Woodbury County Attorney James Loomis, and County Sheriff Chad Sheehan, about the measure. Neither were available for an on-camera interview, but say they’re reviewing the law before deciding the next steps about enforcing it.
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