Civil rights groups led by national and state chapters of the American Civil Liberties Union (ACLU) and the American Immigration Council filed a complaint on Thursday against state officials in Iowa. The complaint seeks to prevent a recently signed immigration law from being enforced from its planned commencement date of July 1.
The law in question criminalizes the reentry into Iowa by any foreign national who has been deported from the United States in the past. This stipulation applies without consideration of the individual’s current immigration status. The action has been brought on behalf of the Iowa Migrant Movement for Justice, a group that advocates for immigrants and refugees in the state.
The complaint, lodged with the District Court of Southern Iowa, contends that the state of Iowa has overstepped its boundaries, infringing in an area of law that is reserved for federal regulation. The groups1 argue that the unique authority of the federal government to oversee immigration is being compromised, and that Iowa’s law contradicts federal immigration statutes. Furthermore, they argue that the law infringes upon the federal government’s right to control foreign commerce, which includes the regulation of individuals entering the US and intra-state movement.
The Iowa legislation defines illegal reentry as an “aggravated misdemeanor,” punishable by up to 2 years in state prison. If the individual was previously expelled due to a criminal offense, reentry is classified as a felony carrying a maximum sentence of ten years. Additionally, the legislation authorizes state judges to issue orders for individuals to be deported.
In response to the lawsuit, Iowa’s Republican Governor, Kim Reynolds, stated she believed in her role in protecting Iowa’s citizens, and suggested that the state’s actions were a reaction to perceived shortcomings from the Federal government in enforcing immigration laws2.
This lawsuit comes after a similar controversial law in Texas was temporarily blocked by the US Court of Appeals for the Fifth Circuit just over a month ago3. The legal challenge to the Texas law, which criminalized unauthorized entries into Texas, is still pending. However, despite ongoing litigation, other states like Oklahoma have started to follow suit, passing their own immigration legislation4.