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A federal judge temporarily overturns an Iowa legislation that permits law enforcement to charge deportees criminally



Cedar Rapids, Iowa – On Monday, a federal judge temporarily overturned an Iowa statute that permitted law enforcement to bring criminal charges against individuals who had deportation orders pending or who had previously been refused admission into the United States. U.S. District Court In response to the U.S. Department of Justice and civil rights organizations’ lawsuit against the state, Judge Stephen Locher issued a preliminary injunction, stating that they would probably be successful in proving that federal immigration law superseded the legislation passed by Iowa lawmakers this spring.

“As a matter of politics, the new legislation might be defensible,” Locher wrote in his decision. “As a matter of constitutional law, it is not.”

The Iowa law, which went into effect on July 1, allowed law enforcement to charge and prosecute individuals who were previously deported, refused entry into the United States, or had outstanding deportation orders.

Once in detention, immigrants may consent to a judge’s order to depart the country or face legal action and maybe go to jail or prison before being deported.

Governor Reynolds of Iowa expressed her disappointment with the ruling:

“With this injunction states are left defenseless to the ongoing crisis at our southern border. Plainly, the Biden administration is failing to do their job and enforce federal immigration laws allowing millions to enter and re-enter without any consequence or delay. I signed this bill into law to protect Iowans and our communities from the results of this border crisis: rising crime, overdose deaths, and human trafficking. I support Attorney General Bird in appealing this decision.”

Brenna Bird, the attorney general of Iowa, also issued the following statement:

“I am disappointed in today’s court decision that blocks Iowa from stopping illegal reentry and keeping our communities safe. Since Biden refuses to secure our borders, he has left states with no choice but to do the job for him. We will be appealing the court’s decision to uphold Iowa’s immigration enforcement law.
Iowa never would have had to pass this law to begin with if it weren’t for Biden’s open borders. Rather than suing Iowa for enforcing immigration laws, he should do his duty to secure the border.”