Iowa legislation that would have allowed law enforcement to prosecute criminals with pending deportation orders or those who had previously been refused admission into the United States has been temporarily stopped by a federal court.
Judge Stephen Locher of the U.S. District Court granted a preliminary injunction, stating that federal immigration law and civil rights organizations would likely succeed in their claim that the legislation passed by Iowa lawmakers this spring was superseded by federal immigration law. He put a halt to legal enforcement "pending further proceedings."
The Iowa legislation, which went into effect on July 1, allowed law enforcement to charge and prosecute individuals who were previously deported, refused entry into the United States, or had outstanding deportation orders. Once in detention, immigrants may consent to a judge's order to leave the country or face legal action and might go to jail or prison before being deported.
The Republican-majority Legislature in Iowa and Republican governor Kim Reynolds justified their actions in passing the legislation by claiming that Democratic President Joe Biden's administration had failed to effectively manage immigration at the country's southern border. The state argued that the Iowa bill would not establish new law but would merely allow state law enforcement and courts to implement federal law.
Attorneys for the DOJ Christopher Eiswerth and the American Immigration Council Emma Winger argue that the new Iowa legislation does not exclude anyone who was previously deported but are still in the country lawfully, including asylum seekers.
Judge Stephen Locher of the U.S. District Court granted a preliminary injunction, stating that federal immigration law and civil rights organizations would likely succeed in their claim that the legislation passed by Iowa lawmakers this spring was superseded by federal immigration law. He put a halt to legal enforcement "pending further proceedings."
The Iowa legislation, which went into effect on July 1, allowed law enforcement to charge and prosecute individuals who were previously deported, refused entry into the United States, or had outstanding deportation orders. Once in detention, immigrants may consent to a judge's order to leave the country or face legal action and might go to jail or prison before being deported.
The Republican-majority Legislature in Iowa and Republican governor Kim Reynolds justified their actions in passing the legislation by claiming that Democratic President Joe Biden's administration had failed to effectively manage immigration at the country's southern border. The state argued that the Iowa bill would not establish new law but would merely allow state law enforcement and courts to implement federal law.
Attorneys for the DOJ Christopher Eiswerth and the American Immigration Council Emma Winger argue that the new Iowa legislation does not exclude anyone who was previously deported but are still in the country lawfully, including asylum seekers.
