The Department of Justice (DOJ) issued a warning to Iowa on Friday, cautioning that the state could potentially face a lawsuit if it proceeds with the implementation of an immigration law that prohibits individuals who have previously been denied entry into the United States from residing within its borders.
The Department of Justice has notified Iowa’s Governor Kim Reynolds and Attorney General Brenna Bird that it plans to file a lawsuit against the state by May 7th if it enforces SF 2340. This bill criminalizes the presence of individuals in Iowa if they have been previously removed from the United States or have pending deportation orders.
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According to Reynolds, she views the enforcement of the law as her duty in order to safeguard the well-being of Iowa residents.
Governor Reynolds expressed in a post on social platform X that the passing of this law was necessary due to the Biden Administration’s failure to enforce existing laws. She emphasized her responsibility to protect the citizens of Iowa and stated that, unlike the federal government, the state will uphold and enforce the rule of law.
The Department of Justice (DOJ) has recently issued a letter, which was initially reported by the Des Moines Register, asserting that Iowa’s law is in violation of the Constitution and the Immigration and Nationality Act.
Brian Boynton, the principal deputy assistant U.S. attorney general, expressed his stance on SF 2340, stating that it is in conflict with federal law and is a violation of the United States Constitution. This information was revealed in a letter obtained by The Hill.
According to Boynton, the letter expresses concern that the law creates a separate immigration system at the state level, which infringes upon the jurisdiction of the federal government.
Bird, just like Reynolds, made it clear that the state will continue to move forward with the law despite the request made by the DOJ.
“Instead of upholding federal immigration laws and ensuring border security, Biden has chosen to disregard them. Additionally, he is now issuing threats to prevent states like IA from enforcing our own laws,” commented Bird on Friday during an interview with X.
“We have a clear message for Biden: Iowa will not stand idly by while our state’s safety is at risk. If Biden continues to allow the border invasion and fails to ensure the security of our communities, Iowa will take matters into our own hands.”
The Department of Justice’s warning of a lawsuit carries weight and should not be taken lightly.
The Department of Justice filed a lawsuit against Texas earlier this year. This legal action was taken in response to a law passed by the state, which granted state law enforcement the authority to carry out immigration duties and deport individuals believed to be immigrants to Mexico, regardless of their country of origin. Currently, the implementation of this law has been suspended while the litigation process is ongoing.
The Department of Justice (DOJ) took legal action against Texas after the state installed large buoys in the Rio Grande to impede migrants from crossing the river. Additionally, the department challenged Texas’s placement of concertina wire along the border, asserting that it hindered the ability of U.S. immigration agents to carry out their duties.
The lawsuits, while still making their way through the court system, have proven to be largely successful for the DOJ. Courts have consistently supported the department’s stance that immigration enforcement is a power reserved exclusively for the federal government.
Republicans across the nation have been accusing President Biden of failing to enforce federal law on the southern border.
House Republicans took the step of impeaching Homeland Security Secretary Alejandro Mayorkas in February as a form of protest against President Biden’s abortion policies. Furthermore, the House GOP successfully disrupted a bipartisan agreement that had been negotiated in the Senate, which aimed to implement additional border restrictions.
Iowa Governor Kim Reynolds signed the law on April 10, and it will be implemented on July 1.
