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POLITICS


US JUSTICE DEPARTMENT WARNS IT WILL SUE IF IOWA TRIES TO ENFORCE ITS NEW
IMMIGRATION LAW

Galen Bacharier
Des Moines Register


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The U.S. Department of Justice will sue Iowa to block a new immigration law
criminalizing "illegal reentry" if it remains in effect, a top DOJ official
wrote to Gov. Kim Reynolds and Attorney General Brenna Bird Thursday.

In a letter obtained by the Des Moines Register, Principal Deputy Assistant
Attorney General Brian Boynton wrote that the department "intends to bring a
lawsuit to enforce the supremacy of federal law and to enjoin" the new
immigration law passed as Senate File 2340.

"SF 2340 is preempted by federal law and violates the United States
Constitution," Boynton wrote.

He gave the state a deadline of May 7 to suspend enforcement of the law before
the DOJ takes action.



The law, signed in April after passing the Republican-led Legislature, allows
Iowa officers to arrest undocumented immigrants who have previously been
deported or barred from entering the country. If convicted, a judge could order
that they be deported back to their home country.



Boynton wrote that the law "effectively creates a separate state immigration
scheme," which "intrudes into a field that is occupied by the federal government
and is preempted."

The law also violates the Immigration and Nationality Act, he wrote, and
conflicts "with various provisions of federal law permitting noncitizens to seek
protection from removal to avoid persecution or torture."



More:Kim Reynolds signs Texas-style immigration law criminalizing 'illegal
reentry' into Iowa

Reynolds retorted that Iowa needed the law because of the Biden administration's
poor record on immigration.

"The only reason we had to pass this law is because the Biden administration
refuses to enforce the laws already on the books," Reynolds said in a statement
provided to the Register. "I have a duty to protect the citizens of Iowa. Unlike
the federal government, we will respect the rule of law and enforce it."



The attorney general said in a statement that "Iowa will not back down."

"Not only has Biden refused to enforce federal immigration laws and secure our
border, he is now threatening to block states like Iowa from enforcing our own
laws," Bird said. "Our message to Biden is this: Iowa will not back down
and stand by as our state’s safety hangs in the balance. If Biden refuses
to stop the border invasion and keep our communities safe, Iowa will do the job
for him."



Iowa's law mimics a Texas measure that has been blocked by the courts while a
lawsuit challenging its constitutionality is decided. The DOJ, which sued to
block the law, argues it usurps federal authority to enforce immigration laws.
Boynton wrote that Iowa's measure is "similar" to Texas' Senate Bill 4.



In most cases under the Iowa law, "illegal reentry" is classified as an
aggravated misdemeanor, which carries a two-year prison sentence.

But in some circumstances, it can be elevated to a class D felony (up to five
years in prison) or a class C felony (up to 10 years) if the person has been
previously arrested for another crime.

Reynolds and those backing the law have called it a response to the Biden
administration's immigration policies, arguing that it allows Iowa law
enforcement to "enforce immigration laws already on the books."

Des Moines Police Chief Dana Wingert said in March his department is "not
equipped, funded or staffed" to take on immigration enforcement
responsibilities.



"Simply stated, not only do we not have the resources to assume this additional
task, we don't even have the ability to perform this function," Wingert said.

Galen Bacharier covers the Statehouse & politics for the Register. Reach him
at gbacharier@registermedia.com or (573) 219-7440, and follow him on Twitter
@galenbacharier.


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