Under the new law, a foreign national who has been deported from the United States in the past is prohibited by law from entering Iowa, irrespective of their current immigration status.
The American Immigration Council and national and state chapters of the American Civil Liberties Union have brought the suit, representing the Iowa Migrant Movement for Justice.
The groups will provide counsel to illegal immigrants impacted by the law.
The groups assert in a complaint lodged with the District Court of Southern Iowa that the state exceeded its jurisdiction by intervening in areas of law that are constitutionally protected by the federal government.
The initial contention is only the federal government possesses the authority to regulate immigration and the law of Iowa is in opposition to federal statutes.
As it stands, an individual who was previously deported and reenters the United States using a visa would not violate federal law but would violate Iowa’s new law.
The organizations also argue that the Iowa law encroaches upon the sole authority of the federal government.
The groups contend that the Iowa law intrudes on the federal government’s exclusive power to regulate foreign commerce, which includes “people’s entry into the United States and their movement across state borders.”
Rita Bettis Austen, legal director of the American Civil Liberties Union of Iowa said in a May 9 press release: “This ugly law is deeply harmful to Iowa families and communities.
“Iowa lawmakers knowingly targeted people who are protected by federal immigration laws and who are legally allowed to be here.”
The Iowa legislation would permit the filing of criminal charges against individuals with pending deportation orders or a history of deportation or denial of entry into the United States.
Illegal immigrants who were apprehended had the option of complying with a judge’s directive to vacate the United States or face prosecution, which could result in incarceration before deportation.
Melloy Goettel, legal director at the American Immigration Council, said: “It will create absolute chaos and human suffering in our legal system, and harm Iowa communities.”
Iowa Attorney General Brenna Bird said on the day the suit was filed the state would not back down and the law was in place because President Joe Biden has yet to secure the southern border.
“Iowa’s law is not unique; it simply enforces immigration laws while Biden refuses to,” Ms. Bird said in a written statement.
“Iowa stands ready to defend our immigration law that keeps Iowa communities safe.”
The Republican governor who enacted the new legislation, Kim Reynolds, reaffirmed her endorsement of the reform.
“As governor, I have a responsibility to protect the citizens of Iowa,” Ms. Reynolds said in a statement, reiterating the arguments of other Republican leaders.
“Since President Biden refuses to enforce our nation’s immigration laws—threatening the safety of our citizens—Iowa will step in.”
A Texas provision comparable to the Iowa law and is currently in effect has been challenged by both the Department of Justice and civil rights organizations.
The Texas law was placed on hold by a three-judge panel of a federal appeals court when it was only permitted to be enforced for a few hours in March.
Following the hearings in April, the panel will decide whether the [Texas] law is constitutional.
