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Kim Reynolds signs Texas-style immigration law criminalizing 'illegal reentry' into Iowa

Stephen Gruber-Miller, Des Moines Register
Updated
3 min read

Gov. Kim Reynolds has signed a Texas-style immigration law allowing Iowa officers to arrest undocumented immigrants under a new crime of "illegal reentry" into the state.

Reynolds signed Senate File 2340 Wednesday, making it a crime to attempt to enter Iowa after being previously deported or barred from entering the United States. It takes effect July 1.

"The Biden administration has failed to enforce our nation’s immigration laws, putting the protection and safety of Iowans at risk," Reynolds said in a statement announcing the law signing. "Those who come into our country illegally have broken the law, yet Biden refuses to deport them. This bill gives Iowa law enforcement the power to do what he is unwilling to do: enforce immigration laws already on the books."

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Biden has asked Congress to pass a bipartisan federal immigration law that would beef up border spending and give him more authority to combat illegal immigration, but Republicans rejected it after former President Donald Trump condemned it. Reynolds agreed, saying "we don't need a new law."

What is the status of the Texas immigration law?

The Texas law that serves as the model for Iowa's legislation is blocked by the courts while a lawsuit challenging its constitutionality is decided.

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.

Reynolds has made multiple trips to the U.S.-Mexico border in recent years as she has criticized President Joe Biden's immigration policies.

Iowa Gov. Kim Reynolds listens at a press conference about border policies in Eagle Pass, Texas on Sunday, Feb. 4, 2024.
Iowa Gov. Kim Reynolds listens at a press conference about border policies in Eagle Pass, Texas on Sunday, Feb. 4, 2024.

More: Kim Reynolds deploys 100+ Iowa National Guard, State Patrol officers to US-Mexico border

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Iowa is currently deploying 10 Iowa Department of Public Safety officers and 110 Iowa National Guard soldiers to the border to support Texas' state law enforcement and military's immigration efforts.

Immigrants rights groups have protested the Iowa legislation at the Capitol this year and vowed to fight it through legal actions, strikes and rallies.

Iowa Migrant Movement for Justice said in a statement that "welcoming immigrants and refugees is the definition of what 'Iowa Nice' should be."

"Iowa politicians moved this ridiculous stunt forward in an election year in order to perpetuate partisan campaign rhetoric, drive fear in immigrant communities and mobilize voters using fear and anti-immigrant sentiment," the group said. "Immigrants’ rights organizations are ready to fight back and work to block this unconstitutional law from going into effect. We know that we all belong here, Iowa is home, and we will stand together as workers, families and allies to defend each other."

Immigrants seeking asylum, wait to board a bus to a U.S. Border Patrol processing center, after crossing into Arizona from Mexico, on May 11, 2023 in Yuma, Arizona.
Immigrants seeking asylum, wait to board a bus to a U.S. Border Patrol processing center, after crossing into Arizona from Mexico, on May 11, 2023 in Yuma, Arizona.

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

The law 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.

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

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

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

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 law 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.

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

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: Reynolds signs law letting Iowa police arrest undocumented immigrants

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