According to a law approved Wednesday by Iowa Governor Kim Reynolds, if a person is in the state after being denied entry into the United States or expelled from the country, they would be committing a state crime.
The law, which takes effect July 1, has increased nervousness in immigrant communities in Iowa and raised questions among legal and law enforcement experts about how it will be enforced. The law partly resembles a ley from Texas that has currently been blocked in the courts.
In Iowa and across the country, Republican leaders have accused President Joe Biden of neglecting his responsibility to enforce federal immigration law, leading some Republican governors to send troops to Texas, and legislatures to propose various strategies in the state level.
“The Biden administration has failed to uphold our nation's immigration laws, putting the safety and security of Iowans at risk,” Reynolds said in a statement after passing the law. “This law gives Iowa police the power to do what they are not willing to do: enforce immigration laws that are already on the books.”
After the legislature passed the bill, Des Moines Police Chief Dana Wingert told The Associated Press in an email in March that a person's immigration status has no bearing on the department's work to keep the community safe. He indicated that the police force “is not equipped, funded or staffed” to assume responsibilities that belong to the federal government.
“Simply put, not only do we not have the resources to take on this additional task, we don't even have the capacity to perform this function,” Wingert said.
Shawn Ireland, president of the Iowa State Police and Sheriff's Association and Linn County deputy sheriff, also said in an email in March that law enforcement officials would need to consult with county attorneys for guidance on implementation and enforcement. application.
Iowa law, like Texas law, could lead to criminal charges against people who have outstanding deportation orders or who have previously been removed from the United States or denied entry. Once under arrest, migrants could accept a judge's order to leave the country or face prosecution.
The judge's order must identify the method of transportation to leave the United States, and an Iowa law enforcement officer or agency must supervise the migrants' departure. Those who do not leave could face re-arrest on more serious charges.
The Texas law is stalled in court after being challenged by the U.S. Department of Justice, which believes it conflicts with the federal government's immigration authority.
The Iowa bill faces the same issues surrounding its implementation and enforcement as the Texas law, as deportation is a “complicated, costly and often dangerous” federal process, said Huyen Pham, an immigration law expert at Texas A&M College of Law.
Meanwhile, Iowa immigrant community groups are holding meetings and creating informational materials to try to answer people's questions. They are also asking local and county law enforcement agencies to issue official statements, and to hold in-person meetings.
At a community meeting in Des Moines, 80 people gathered and asked questions in Spanish, including whether they should leave the state.
Others asked if it was safe to call the police, if the police can ask them about their immigration status, and what will happen if they are discriminated against because of their race.
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