Iowa law enforcement could arrest undocumented immigrants under bill going to Reynolds' desk

Iowa law enforcement would be allowed to arrest undocumented immigrants who were previously denied entry into the United States under a bill that mirrors a controversial Texas law and is on its way to Gov. Kim Reynolds' desk.

Senate File 2340 makes it a crime for someone to attempt to enter Iowa after being previously deported or barred from entering the United States.

The bill's floor manager, Rep. Steven Holt, R-Denison, said the federal government has "abdicated its responsibilities" to enforce immigration laws, which he said requires states to act.

"The status quo of federal government failure is unsustainable," Holt said. "I believe that in order to protect our communities and our state, we must push the envelope. And that is what this legislation does."

Rep. Sami Scheetz, D-Cedar Rapids, whose mother and partner are immigrants, said the bill will foster fear among immigrant communities and potentially hinder their cooperation with law enforcement in other situations.

"Illegal immigration is a serious problem that requires action, yet the approach laid out in this bill misses the heart of what it truly means to address this issue with compassion, wisdom and effectiveness," he said.

House lawmakers voted 64-30 to pass the measure Tuesday. All but one Republican present voted in favor of the bill. They were joined by three Democrats: Reps. John Forbes, D-Urbandale; Kenan Judge, D-Waukee; and Josh Turek, D-Council Bluffs. One Republican, Rep. Brian Lohse, R-Bondurant, joined every other Democrat in opposition.

The Senate previously passed the bill along party lines on March 5, so the House vote sends the measure to Reynolds for her signature. Reynolds said in a statement Tuesday that she intends to sign the bill into law.

"President Biden and his Administration have failed to enforce our immigration laws and, in doing so, have compromised the sovereignty of our nation and the safety of its people," Reynolds said. "States have stepped in to secure the border, preventing illegal migrants from entering our country and protecting our citizens. Americans deserve nothing less."

Once Reynolds signs the measure, it will take effect July 1.

Texas law temporarily blocked while challenge to its constitutionality continues

The Texas law is currently blocked from taking effect while a legal challenge plays out after a series of back and forth rulings on Tuesday.

The 5th U.S. Circuit Court of Appeals blocked the law Tuesday night, but set a hearing Wednesday to further consider whether to allow the law to take effect.

The 5th Circuit's ruling came hours after the U.S. Supreme Court lifted a hold on the law earlier in the day, briefly allowing it to take effect before it was blocked again.

More: Federal appeals court order puts controversial Texas immigration law back on hold

The U.S. Justice Department is suing over the Texas law, arguing it unconstitutionally usurps the federal government's authority to enforce immigration laws and could create chaos in administering the law.

Holt said he believes the U.S. Constitution "does recognize some state military and immigration authority."

"Many other states are standing up to protect their sovereignty and their citizens, and Iowa must do the same," he said. "I reject the doctrine of implied federal preemption in the situation we currently find ourselves in."

Scheetz said the bill steps into an area of law "that is constitutionally reserved for the federal government."

"Immigration with all of its nuances and implication is a national issue that demands a cohesive federal response," he said. "Attempting to address it at the state level not only oversteps our bounds, but also risks fragmenting our approach to a challenge that affects every corner of our nation."

Escucha Mi Voz, an immigrant rights group that has protested several immigration-related bills at the Iowa Capitol this year, promised to continue fighting the legislation.

"From Texas to Iowa, our message is No Tengan Miedo, have no fear," Manny Galvez, an Escucha Mi Voz board member from North Liberty, said in a statement. "We will continue to fight this unconstitutional law during rulemaking, in the courts, and on the streets. We will continue to organize to stop deportations, protect refugee children, and keep families together."

What does the Iowa bill criminalizing 'illegal reentry' into the state do?

The bill creates a new crime of illegal reentry into the state, which applies to anyone who has previously been deported, removed or denied admission to the United States.

"This is a nuance that maybe people haven’t noticed, but it’s sort of a second offense bill," Holt told reporters following the House vote. "They have to have already been identified as having been in the country illegally."

In most cases, the crime would be an aggravated misdemeanor, which carries a two-year sentence. But it would rise to a class D felony, punishable by up to five years in prison, in certain circumstances.

And the crime would become a class C felony, punishable by up to 10 years in prison, if the person was arrested for allegedly committing another felony.

For anyone convicted of illegal reentry, the judge in the case would have to enter an order requiring the convicted person to return to the country they had come from.

The bill forbids law enforcement officers from arresting someone if the person is in a school, a place of worship, a health care facility, or a facility for survivors of sexual assault.

And the legislation provides legal immunity for local law enforcement and other government officials responsible for enforcing the measure.

Other immigration-related bills have failed to advance. But are they dead for the year?

Iowa Republicans have considered several bills this year intended to deter illegal immigration, over protests from critics who described the legislation as anti-immigrant. However, the other immigration measures failed to clear a legislative deadline last week and are no longer eligible for consideration this year.

More: Republicans kill bevy of bills in Iowa Legislature's 2nd 'funnel.' What lives, what died:

Those bills include a Senate-passed measure to require Iowa businesses to use the federal E-Verify system to determine whether their employees are legally in the country, a bill to bar undocumented immigrants from receiving in-state tuition rates at Iowa's public universities and a measure passed by the House that would create a new crime of "smuggling" an undocumented immigrant.

Holt said he still wants to find a way to pass the smuggling bill, possibly by attaching it to a budget bill or another piece of legislation before the end of this year's legislative session. He called it "a long shot," but said, "I'm not giving up."

"I still hope we can get that passed somehow in the Senate," he said.

Democrats have said any immigration laws need to come from the federal government. They've chastised Republicans in Congress for killing a bill in the U.S. Senate that would have created a new mechanism to shut down the border if illegal crossings reach a certain threshold.

More: Ernst criticizes failure of bipartisan border deal amid 'raging river' of misinformation

"Republicans want to talk about immigration because they think it’s a winning issue for them," House Minority Leader Jennifer Konfrst, D-Windsor Heights, told reporters on Thursday. "The bottom line is if they really wanted to talk about immigration and really wanted to fix the problem, they’d be reaching out to their Republican delegation in Washington and asking them to come back to the table since they walked away."

House Speaker Pat Grassley, R-New Hartford, said immigration is one of the top issues lawmakers are hearing about from constituents.

"It’s not a Republican or Democrat issue. This is what people are talking about," he said. "And so we feel as a state, while we can’t do the complete reform that I think Americans expect of our federal government, what can we do at the state level?"

Editor's note: A previously published version of this story incorrectly listed the vote of Rep. Brian Lohse, R-Bondurant. Lohse voted against the bill.

Stephen Gruber-Miller covers the Iowa Statehouse and politics for the Register. He can be reached by email at [email protected] or by phone at 515-284-8169. Follow him on Twitter at @sgrubermiller.

This article originally appeared on Des Moines Register: Iowa Legislature sends bill to Reynolds criminalizing 'illegal reentry'