Iowa Senate votes to criminalize 'illegal reentry' into state, mirroring halted Texas law

The Iowa Senate voted Tuesday to make it a crime for someone to attempt to enter Iowa after previously being deported or denied entry into the United States, passing a bill modeled after a Texas law that is tied up in court.

The Senate voted 34-16 Tuesday to pass Senate File 2340, with every Republican in favor and every Democrat opposed. The vote sends the bill to the Iowa House, which has passed its own version of the legislation through committee.

U.S. Supreme Court Justice Samuel Alito temporarily halted enforcement of a similar law in Texas Monday while the court considers a legal challenge. The plaintiffs argue that the state law unconstitutionally bypasses the federal government's authority to enforce immigration laws and could "create chaos."

Sen. Jeff Reichman, R-Montrose, said he took an oath as a Marine Corps officer and a senator to protect and defend the U.S. Constitution.

"What is unconstitutional is the way that our federal government is (abdicating) their duties," he said. "They refuse to enforce the laws."

Sen. Janice Weiner, D-Iowa City, said it's the job of the federal government to pass immigration laws, not states. She pointed to a bill that failed to pass the U.S. Senate last month that would have created a new mechanism to shut down the border if illegal crossings reach a certain threshold.

"There’s a solution out there, colleagues," she said. "A tough bipartisan compromise bill was hammered out in the U.S. Senate. It is supported by the U.S. Border Patrol union, the very folks who would be responsible for enforcing it."

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

The bill creates a new crime of illegal reentry into the state. 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.

Weiner said Iowa's only international port of entry is the Des Moines International Airport and asked Republicans who would be responsible for ensuring the person leaves the country after being sentenced.

"This bill is a political stunt and a false promise that doesn’t contain the needed resources," she said. "It’s a gotcha bill."

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.

Will the Iowa House take up the bill?

The House has passed its own version of the bill out of committee but has yet to take it up on the floor. Rep. Steven Holt, R-Denison, who chairs the House Judiciary Committee, said he's watching the legal developments in the Texas case but said he wants Iowa "to push the envelope."

"We understand some of the things we do might be challenged constitutionally," he said. "But when you’ve got a federal government that is refusing to enforce immigration law on the border, we think the states have a sovereign right to defend themselves."

The legislation is one of several bills Republicans are considering this year that proponents say would help deter illegal immigration but critics have described as anti-immigrant.

Last week, the Senate voted 30-17 to pass a bill requiring all Iowa businesses to use the federal E-Verify system to determine whether their employees are legally in the country. Companies that violate the requirement would face the suspension or loss of their business license.

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: Mimicking Texas law, Iowa Senate votes to criminalize 'illegal reentry'