News : Iowa House sends bill making illegal immigration a state crime to governor

By Robin Opsahl

House lawmakers sent a bill making illegal immigration a state crime in Iowa to Gov. Kim Reynolds' desk Tuesday.

Senate File 2340 was approved on a vote of 64-30. The bill would make entry or being found in Iowa an aggravated misdemeanor for people who have been denied admission, deported or otherwise removed from the U.S., of if they have an order to leave the country outstanding. People who have been removed from the country for criminal convictions could face penalty charges.

The legislation also proposes allowing state courts to order the deportation of undocumented immigrants in the state, and allowing law enforcement and state agencies to transport migrants to a port of entry to ensure they leave the country. Undocumented immigrants could face felony charges for noncompliance.

Rep. Sami Scheetz, D-Cedar Rapids, said that as the child of an immigrant, he believes the issue of immigration needs to be approached with compassion and effectiveness. He said the legislation's proposals "veer from the path of understanding," in addition to overreaching state government's role in addressing a federal issue.

"Immigration, with all of its nuances and implication, is a national issue that demands a cohesive federal response," Scheetz said. "Attempting to address it at the state level not only oversteps our bounds, but also risks fragmenting our approach to a challenge that affects every corner of our nation."

He also said state-level penalties and enforcement of federal immigration laws encroach on federal jurisdiction while potentially costing the state resources in legal battles, diverting that money from Iowa communities. The Iowa bill was modeled after a 2023 Texas state law that awaits a federal appeals court ruling on its constitutionality.

Escucha Mi Voz Iowa, an immigrant and refugee community organization, released a statement criticizing lawmakers for passing the legislation. Board member Manny Galvez of North Liberty said the group's message from Texas to Iowa was, "No tengan miedo, have no fear."

"We will continue to fight this unconstitutional law during rulemaking, in the courts, and on the streets," Galvez said in the news release. "We will continue to organize to stop deportations, protect refugee children, and keep families together."

The bill's floor manager Rep. Steve Holt, R-Denison, argued that critics of the bill had lost sight of the difference between legal and illegal immigration. He also pointed to the Supreme Court decision earlier Tuesday, granting Texas permission to begin enforcement of the law while the ruling is pending.

Holt argued that while courts have struck down illegal immigration state laws in the past, he believes there is constitutional law that allows for state enforcement of these measures. Citing writings from Rob Natelson, a constitutional law professor, Holt said states have the right to "repel invasions" - which he defined as including high levels of illegal immigration, despite not being a traditional military invasion.

Holt said the federal government has "abdicated its responsibilities" in preventing illegal crossings of the U.S. border, and that states, including Iowa, need to step up to protect the country's sovereignty and their citizens' safety.

"Yes, there are many in our country and our state illegally who just came here for a better life. We know that," Holt said. "But there are also gang members, drug dealers, and terrorists who are here endangering our citizens. We know that too."