On Wednesday evening, Iowa Republican Governor Kim Reynolds signed Senate File 2340 into law, granting local law enforcement the authority to arrest previously deported or denied admission illegal immigrants within the state. The bill, akin to a Texas law currently under legal scrutiny from the Biden administration, criminalizes the re-entry of illegal immigrants who have been deported or denied entry into the United States.
Reynolds emphasized the necessity of the law, stating, “The Biden Administration has failed to enforce our nation’s immigration laws, putting the protection and safety of Iowans at risk.” Reynolds continued, “Biden fails to deport those who enter our country illegally, despite their violation of the law. This legislation empowers Iowa law enforcement to uphold existing immigration laws, filling the void left by federal inaction.”
The legislation, which passed both chambers of the state legislature last month, is scheduled to be enacted on July 1. Under the new law, migrants in the state with outstanding deportation orders, previous deportations, or past denials of entry into the country face an aggravated misdemeanor offense, punishable by up to two years in prison. The severity of the offense escalates to a felony if the migrant’s deportation orders stem from misdemeanor drug-related crimes, crimes against individuals, or prior felony convictions.
However, the law includes provisions prohibiting police from making arrests at places of worship, medical facilities, or schools. According to the text of the law, arrested illegal immigrants may have the option to leave the country under judicial permission and avoid facing charges. Recently, several states, including Louisiana, New Hampshire, Tennessee, and Oklahoma, have advanced proposals aimed at tightening restrictions on illegal immigration.
One of the most notable initiatives is in Texas, where Governor Greg Abbott signed S.B. 4 into law in December. This law grants police the authority to arrest illegal immigrants and permits judges to order their deportation as part of Abbott’s Operation Lone Star initiative. However, the Biden administration filed a lawsuit in January, arguing that the law infringes on federal jurisdiction, citing a 2012 Supreme Court decision that struck down portions of an Arizona law empowering state and local officials.
While the 5th Circuit Court of Appeals initially blocked the Texas law, it was briefly allowed to go into effect by the Supreme Court before being sent back down to the appeals court without a ruling on its merits. Subsequently, the 5th Circuit blocked it again, and both sides presented oral arguments last month.
In Louisiana, a similar measure has been introduced in the state Senate. Senate Bill 388, proposed by GOP Senator Valarie Hodges, would create a new offense for illegal immigrants entering or re-entering the state after deportation. If passed and signed into law, violators could face imprisonment for up to a year and fines of up to $4,000.