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A Judge Temporarily Blocks Iowa Law that Allows Authorities to Charge People Facing Deportation

June 18, 2024

A federal judge, Stephen Locher, has temporarily blocked an Iowa law that allowed law enforcement to file criminal charges against individuals with outstanding deportation orders or who had previously been denied entry to the US.

The judge granted a preliminary injunction, citing that the US Department of Justice and civil rights groups are likely to succeed in their argument that federal immigration law supersedes the state law.

In his decision, Locher distinguished between political and constitutional grounds, stating that while the law might be politically justifiable, it is not constitutionally sound. This ruling halts the enforcement of the law, which was approved by Iowa lawmakers earlier this year, pending further legal proceedings.

The Iowa law aimed to enable law enforcement to charge individuals with outstanding deportation orders or previous removal/denial of entry to the US. If taken into custody, migrants would face a choice: agree to a judge's order to leave the US or face prosecution, potentially leading to imprisonment before deportation.

Iowa's Republican-led Legislature and Governor Kim Reynolds enacted the law, citing the need for stronger immigration control due to perceived inadequacies in the Biden Administration's handling of the southern border.

The state argued that the law would only enable state law enforcement and courts to apply federal law, not create new law. However, the federal judge temporarily blocked the law, citing potential constitutional concerns and federal preemption, highlighting the ongoing debate and legal battles surrounding immigration policies in the US.

The debate over the Iowa law continues, with the state's Attorney General Brenna Bird and Governor Kim Reynolds expressing disappointment and frustration over the judge's decision to block the law.

They argue that the law is necessary to address illegal immigration and keep communities safe, as they believe the Biden Administration is not effectively securing the borders.

However, the federal government and civil rights groups, such as the American Immigration Council, argue that the law violates federal authority over immigration matters and would cause confusion and problems, particularly for individuals who have been deported but are now in the country legally, such as those seeking asylum.

The law is similar to a Texas law that was temporarily blocked by a federal appeals court in March. The case highlights the ongoing tension and legal battles between states and the federal government over immigration policies.
Source: https://apnews.com/ 
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