An Iowa bill, signed into law by Republican Governor Kim Reynolds in April, which permitted state authorities to arrest and deport some illegal immigrants, has been blocked by a federal judge. The judge ruled on Monday that the policy is unconstitutional, highlighting a significant setback for state-level immigration enforcement efforts.
U.S. District Judge Stephen Locher, appointed by President Joe Biden, wrote that Iowa’s “illegal reentry” law violates the Supremacy Clause of the Constitution, which establishes that federal law takes precedence over state law. Locher argued that the law interferes with the federal government’s authority to enforce immigration laws. This decision follows a lawsuit by the Department of Justice, which claimed that Iowa was disregarding the Constitution and settled Supreme Court precedent.
The law, Senate File 2340, was designed to allow state authorities to arrest and deport illegal immigrants who had previously been removed from the U.S. or denied entry. It was scheduled to take effect on July 1. However, Judge Locher’s ruling stated, “As a matter of politics, the new legislation might be defensible. As a matter of constitutional law, it is not.” He pointed to a 2012 Supreme Court ruling that struck down a similar Arizona law, reinforcing federal supremacy in immigration enforcement.
Under the Iowa law, illegal immigrants could face up to 10 years in prison for reentering the U.S. if arrested for a separate felony. A judge would also be required to issue an order for deportation of those convicted. Governor Reynolds defended the law in April, citing President Joe Biden’s failure to enforce national immigration laws, which she believes compromises the safety of Iowans.
Reynolds and Iowa Republican Attorney General Brenna Bird have pledged to appeal Judge Locher’s ruling. Bird expressed her disappointment, stating, “Since Biden refuses to secure our borders, he has left states with no choice but to do the job for him.” This sentiment echoes frustrations in other GOP-controlled states like Texas and Georgia, where similar laws have faced judicial roadblocks.
In Texas, Governor Greg Abbott and Attorney General Ken Paxton have argued that the Biden administration’s inaction on illegal immigration forces states to step in. Paxton emphasized the state’s constitutional duty to protect its citizens from threats posed by violent transnational cartels, including the influx of fentanyl and weapons. This ongoing legal battle underscores the tension between state and federal authorities over immigration policy and enforcement.
