Iowa governor signs bill that gives state authority to arrest and deport some migrants

FILE - Iowa Gov. Kim Reynolds speaks during a news conference, Jan. 31, 2024, at the Statehouse in Des Moines, Iowa. It will be a state crime for a person to be in Iowa if previously denied admission to or removed from the United States under a bill signed into law by Reynolds on Wednesday, April 10. (AP Photo/Charlie Neibergall, File)

DES MOINES, Iowa (AP) 鈥 It will be a state crime for a person to be in Iowa if previously denied admission to or removed from the United States under a bill signed into law by Gov. Kim Reynolds on Wednesday.

The law, which takes effect July 1, has in Iowa's immigrant communities and has prompted questions among legal experts and law enforcement on how it will be enforced. It mirrors part of that is in court.

In Iowa and , Republican leaders have accused President of neglecting his responsibilities to enforce federal immigration law, leading to Texas and legislatures to propose a variety of state-level strategies.

鈥淭he Biden Administration has failed to enforce our nation鈥檚 immigration laws, putting the protection and safety of Iowans at risk,鈥 Reynolds said in a statement after signing the bill. 鈥淭his bill gives Iowa law enforcement the power to do what he is unwilling to do: enforce immigration laws already on the books.鈥

After the Legislature passed the bill, Des Moines Police Chief Dana Wingert told The Associated Press in an email in March that immigration status does not factor into the department鈥檚 work to keep the community safe. He said the force is 鈥渘ot equipped, funded or staffed" to take on responsibilities that are the federal government's.

鈥淪imply stated, not only do we not have the resources to assume this additional task, we don鈥檛 even have the ability to perform this function,鈥 Wingert said.

Shawn Ireland, president of the Iowa State Sheriffs and Deputies Association and a deputy sheriff in Linn County, also said in a March email that law enforcement officials would have to consult with county attorneys for guidance on implementation and enforcement.

The Iowa legislation, like the Texas law, could mean criminal charges for people who have outstanding deportation orders or who have previously been removed from or denied admission to the U.S. Once in custody, migrants could either agree to a judge鈥檚 order to leave the U.S. or be prosecuted.

The judge鈥檚 order must identify the transportation method for leaving the U.S. and a law enforcement officer or Iowa agency to monitor migrants鈥 departures. Those who don鈥檛 leave could face rearrest under more serious charges.

The Texas law is stalled in court after a challenge from the U.S. Department of Justice that says it conflicts with the federal government鈥檚 immigration authority.

The bill in Iowa faces the same questions of implementation and enforcement as the Texas law, since deportation is a 鈥渃omplicated, expensive and often dangerous鈥 , said immigration law expert Huyen Pham of Texas A&M School of Law.

In the meantime, Iowa鈥檚 immigrant community groups are organizing informational meetings and materials to try to answer people鈥檚 questions. They鈥檙e also asking local and county law enforcement agencies for official statements, as well as face-to-face meetings.

At one community meeting in Des Moines, 80 people gathered and asked questions in Spanish, including: 鈥淪hould I leave Iowa?鈥

Others asked: 鈥淚s it safe to call the police?鈥 鈥淐an Iowa police ask me about my immigration status?鈥 And: 鈥淲hat happens if I鈥檓 racially profiled?鈥

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