Iowa immigration law sees first legal action in civil rights lawsuit

A civil rights group filed the first legal action against a new Iowa immigration law on Thursday, claiming that the law, which makes it a crime to be in the state for those who were previously denied admission to the United States, is unconstitutional.

Iowa's SF 2340, which was signed by Iowa Gov. Kim Reynolds last month, criminalizes a person's being in the state if they were previously not allowed in the country, 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 it is classified as a misdemeanor, or up to 10 years if it is a felony and they have been arrested before.

Thursday's lawsuit was filed by the American Civil Liberties Union of Iowa and the American Immigration Council, on behalf of the Iowa Migrant Movement for Justice and two Iowans. It alleges that the law interferes with the federal government’s authority to enforce immigration law, per the Associated Press.

Reynolds, a Republican, reaffirmed her commitment to the new law in a statement Thursday, vowing to protect her state from people who are in the country illegally.

“As Governor, I have a responsibility to protect the citizens of Iowa," Reynolds said. "Since President Biden refuses to enforce our nation’s immigration laws – threatening the safety of our citizens – Iowa will step in.”

The new action comes after the Justice Department threatened to sue the state last week if it enforces the immigration law, but no suit has been filed so far. Reynolds said that she and the state attorney general would not back down, even if the administration sues. 

"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 last week. "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 DOJ argued in their warning that the law violates the Immigration and Nationality Act. The new law goes into effect in July.