United States Sues Iowa Over Immigration Enforcement Law

Photo courtesy of State of Iowa website

Yesterday, the U.S. Department of Justice sued the state of Iowa alleging that the state’s new immigration law criminalizing “illegal reentry” is unconstitutional.

In the lawsuit filed in the U.S. District Court for the Southern District of Iowa, the United States argues that the state law, which allows Iowa police to arrest undocumented immigrants who have previously been deported or barred from the United States, intrudes on the federal power to regulate immigration

The U.S. Department of Justice press release describes the action

“The Justice Department today filed suit against the State of Iowa to challenge Senate File 2340 (SF 2340) under the U.S. Constitution’s Supremacy Clause and Foreign Commerce Clause. The Constitution assigns the federal government to regulate immigration and manage our international borders. Pursuant to this authority, Congress has established a comprehensive immigration framework governing the entry of noncitizens into the U.S. and the removal of noncitizens from the country. Because SF 2340 is preempted by federal law and violates the United States Constitution, the Justice Department seeks a declaration that SF 2340 is invalid and an order preliminarily or permanently enjoining the state from enforcing the law.

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As outlined in the complaint, Iowa’s law would create a new state crime for unlawful reentry, with charges ranging from an aggravated misdemeanor to a felony. Additionally, SF 2340 would require state judges to order removal from the United States. The Supreme Court, in Arizona v. United States, has previously confirmed that decisions relating to removal of noncitizens from the United States touch “on foreign relations and must be made with one voice.” SF 2340 impedes the federal government’s ability to enforce entry and removal provisions of federal law and interferes with its conduct of foreign relations.”

KJ