DOJ warns Iowa that it would be sued if it enforces new immigration law

The Justice Department warned Iowa Gov. Kim Reynolds, a Republican, on Thursday that it would sue the state if it enforces an immigration law that bans migrants from being in the state if they have an outstanding deportation order, or if they were denied entry to the country.

Iowa's SF 2340 was signed by Reynolds last month, and criminalizes a person's being in the state if they were previously not allowed in the United States, or if they currently have deportation orders. If arrested and convicted, a judge can have the individual deported back to their home country. But if the person is not deported, they could be sentenced to two years in prison if its classified as a misdemeanor, or up to 10 years if its a felony and they have been arrested before.

The Justice Department argued that the state law is unconstitutional and violates the Immigration and Nationality Act. It gave the state until May 7 to stop the enforcement of the law.

"[The law] effectively creates a separate state immigration scheme [that] intrudes into a field that is occupied by the federal government and is preempted," Principal Deputy Assistant Attorney General Brian Boynton said in a letter reported by the Des Moines Register. "[It also conflicts] with various provisions of federal law permitting noncitizens to seek protection from removal to avoid persecution or torture."

Reynolds said she will not comply with the Justice Department's warning and will allow the law to continue because of the Biden administration's stance on immigration.

"The only reason we had to pass this law is because the Biden administration refuses to enforce the laws already on the books," Reynolds said in a statement. "I have a duty to protect the citizens of Iowa. Unlike the federal government, we will respect the rule of law and enforce it."

The state's attorney general echoed Reynolds's response, stating that she would also enforce the state's law even if it means the state is sued.

"Not only has Biden refused to enforce federal immigration laws and secure our border, he is now threatening to block states like Iowa from enforcing our own laws," Iowa Attorney General Brenna Bird said. "Our message to Biden is this: Iowa will not back down and stand by as our state’s safety hangs in the balance. If Biden refuses to stop the border invasion and keep our communities safe, Iowa will do the job for him."

The law is set to go into law on July 1.