Civil rights groups sue to block Iowa's new 'illegal reentry' immigration law

Civil rights groups have sued Iowa to block the state's new immigration law, which criminalizes "illegal reentry" and allows local authorities to arrest and deport undocumented immigrants who return to the U.S.

The lawsuit, filed Thursday in the U.S. District Court for the Southern District of Iowa, argues that Senate File 2340 violates federal law and could result in anyone who has previously been deported from the U.S. facing jail time, including those in the country legally with a green card or asylum.

More: DOJ sues Iowa to block immigration law, as 'reentry' measure faces second legal challenge

SF 2340 states that any person previously deported or denied entry to the U.S. would be barred from entering Iowa. The crime would be an aggravated misdemeanor in most cases but could become a felony under certain circumstances, including if the person was arrested for allegedly committing another felony.

It’s modeled after a Texas law that has been blocked until the courts resolve a lawsuit filed by the U.S. Department of Justice.

The Iowa law "makes no exception for people who reentered the United States with federal consent or who later gained lawful immigration status," the groups write in the suit. "Nor does the law make an exception for people who are in the process of obtaining immigration status. And the law provides no opportunity to raise humanitarian claims for protection from removal enshrined in federal immigration law and international conventions."

In addition, they allege, the law does not prohibit the prosecution of children, or adults who were removed or deported as children and later return.

The law violates the supremacy clause of the U.S. Constitution, the groups charge, by implementing a "patently illegal" plan to "replace Congress' immigration scheme with its own."

The American Immigration Council, American Civil Liberties Union and ACLU of Iowa filed the suit on behalf of Iowa Migrant Movement for Justice. The groups are requesting an injunction before the law takes effect July 1.

Iowa AG says state 'stands ready to defend' immigration law

Attorney General Brenna Bird said the state would defend the law in court.

When President Joe Biden "fails to do his job and secure our border, states have to take matters into their own hands," Bird said in a statement. "Iowa’s law is not unique; it simply enforces immigration laws while Biden refuses to. Iowa stands ready to defend our immigration law that keeps Iowa communities safe."

Gov. Kim Reynolds also released a statement defending the law.

"As governor, I have a responsibility to protect the citizens of Iowa," Reynolds said. "Since President Biden refuses to enforce our nation’s immigration laws — threatening the safety of our citizens — Iowa will step in."

Polk County Attorney Kimberly Graham, who was named as a defendant in the lawsuit, said her office was named "for procedural reasons," and that she would not actively participate or spend Polk County tax dollars in defense.

"The mission of the Polk County Attorney's office is to help create a safer, thriving community and to promote the safety of all, regardless of immigration status," Graham said in a statement. "Others in law enforcement, including police chiefs, have expressed concerns about the legislation’s enforcement and about it eroding the trust that has been built with our immigrant community members. This legislation will likely lead to crimes going unreported and to witnesses fearing speaking with law enforcement, which makes our communities less safe. I share those concerns."

SF 2340 is expected to face another federal lawsuit after the U.S. Department of Justice warned state leaders last week that it would sue to block the law if it remained in effect.

Penalties under the Iowa law can range from two to 10 years in prison, and judges can order that those convicted be deported back to their country of origin.

The measure has spurred protests from immigration advocacy groups across the state, as well as confusion and requests for clarity from police and county attorneys.

Civil rights groups slam the law as 'deeply harmful,' say it will create 'absolute chaos'

Rita Bettis Austen, legal director for ACLU of Iowa, said in a statement that it was "hard to overstate how awful and bizarre this law is."

"This ugly law is deeply harmful to Iowa families and communities," Bettis Austin said. "Iowa lawmakers knowingly targeted people who are protected by federal immigration laws and who are legally allowed to be here, like people granted asylum, or special visas given to survivors of domestic violence or other crimes."

And the legal director at the American Immigration Council, Kate Melloy Goettel, said the law would "create absolute chaos and human suffering in our legal system, and harm Iowa communities."

More: 'Divisive and harmful': Iowa immigrants fear racial profiling with new 'illegal reentry' law

Among those represented in the lawsuit are two women, whose identities were made anonymous by the groups, who reside in the U.S. legally but could potentially face deportation or jail time under the law.

One of them is a 68-year-old grandmother ("Jane Doe" in the lawsuit) who originally came to the U.S. in the 1980s with her husband, a lawful permanent resident. She traveled back to Mexico after her mother's death but was detained at the border when she tried to return to the U.S. In 2022, her application to return to Iowa was approved.

The civil rights groups say under SF 2340, she could be imprisoned or deported, despite now holding a green card.

Immigration advocacy groups decry law and back efforts to block it

Escucha Mi Voz Iowa, an Iowa City-based immigrant advocacy group, in a statement ahead of the lawsuit's filing praised efforts to block the law.

"The federal government and the local groups filing suits are right. Gov. Reynolds' anti-immigrant deportation law is unconstitutional, and we will continue to fight it in court and on the streets," said Ninoska Campos, an Escucha Mi Voz Iowa member.

More: US Justice Department warns it will sue if Iowa tries to enforce its new immigration law

Another advocacy group, Latinx Immigrants of Iowa, has called the law "a tool used by Gov. Reynolds to exploit the Latinx community for political and electoral gain while fostering racist practices against immigrants and refugees in Iowa."

F. Amanda Tugade contributed reporting.

Galen Bacharier covers the Statehouse & politics for the Register. Reach him at [email protected]m or (573) 219-7440, and follow him on Twitter @galenbacharier.

This article originally appeared on Des Moines Register: ACLU, civil rights groups sue to block new Iowa immigration law