A federal judge issued a preliminary injunction on Monday, blocking Iowa’s new illegal immigration law that would authorize state police to arrest and deport illegal aliens.
Senate File 2340 was signed into law by Iowa Gov. Kim Reynolds (R) in April to address the Biden administration’s open border crisis.
Biden ‘has left states with no choice but to do the job for him.’
Reynolds previously stated regarding the bill, “The Biden administration has failed to enforce our nation’s immigration laws, putting the protection and safety of Iowans at risk.”
“Those who come into our country illegally have broken the law, yet Biden refuses to deport them. This bill gives Iowa law enforcement the power to do what he is unwilling to do: enforce immigration laws already on the books,” Reynolds added.
If allowed to go into effect, the legislation would allow Iowa law enforcement to charge illegal immigrants with an aggravated misdemeanor if they have an outstanding deportation order, were previously removed from the country, or were prohibited from entering the country. The law would also impose felony charges against illegal aliens with any prior felony convictions or former deportation orders related to drug crimes or crimes against people.
SF 2340 would authorize judges to allow the suspect to leave the country instead of facing the state’s charges.
The law was scheduled to go into effect on July 1.
Last month, the Biden administration sued Iowa over the new law, claiming that the federal government holds the “exclusive authority under federal law to regulate the entry and removal of noncitizens.”
Ahead of filing the lawsuit against Iowa, Principal Deputy Assistant Attorney General Brian Boynton told Reynolds and Attorney General Brenna Bird in a May letter that “SF 2340 is preempted by federal law and violates the United States Constitution.”
On Monday, United States District Court Judge Stephen Locher issued a preliminary injunction blocking the law from taking effect.
Locher wrote in his ruling, “As a matter of politics, the new legislation might be defensible.”
“As a matter of constitutional law, it is not,” Locher said.
In response to the judge’s ruling, Reynolds wrote in a post on X, “Iowa’s legislation to deter illegal immigration has been BLOCKED – leaving us defenseless to the consequences of Biden’s Open Border. More crime, overdose deaths, and human trafficking. All because Biden won’t do his job!”
Iowa Attorney General Brenna Bird stated that she plans to appeal the judge’s decision.
“Since Biden refuses to secure our border, he has left states with no choice but to do the job for him,” Bird wrote on X. “I will be appealing the court’s decision today that blocks IA from stopping illegal reentry and keeping our communities safe.”
The Biden administration’s Department of Justice also filed lawsuits against Texas and Oklahoma over similar legislation.
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