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Biden admin threatens to sue Iowa if state arrests and deports migrants

The Biden administration on Friday will take legal action against Republican Iowa Gov. Kim Reynolds if she implements a new law that would allow authorities to arrest immigrants who have previously been refused entry or deported from the United States. he warned. He and the state attorney general have pledged. “We won’t back down.”

In a letter to Gov. Hawkeye, Justice Department officials called the measure unconstitutional and set a May 7 deadline to halt enforcement of Senate File 2340, which Reynolds signed into law earlier this month. and was given to the state.

“SF 2340 is preempted by federal law and violates the U.S. Constitution,” Chief Deputy Assistant Attorney General Brian Boynton wrote, according to the newspaper. des moines register.


Reynolds plans to implement the new law despite the Justice Department’s threat of lawsuits. Lily Smith/The Register/USA TODAY NETWORK

Justice Department officials argued that the law “effectively creates a separate state immigration program” that “intrudes and preempts territory occupied by the federal government.”

Boynton also argued that the law violates the Immigration and Nationality Act and “various provisions of federal law that allow noncitizens to seek protection from deportation to avoid persecution or torture.” did.

A new Iowa law that goes into effect on July 1 makes it an aggravated misdemeanor for immigrants who have outstanding removal orders, were previously deported, or are being deported to remain in the Hawkeye State. He will be sentenced to two years in prison. The point at which you are prohibited from entering the United States.

The law upgrades a crime to a felony if a person’s previous removal order was related to a drug crime, crime against person, or any felony conviction.

Police are prohibited from arresting immigrants suspected of violating the law in places of worship, schools, health facilities, etc.

According to the provisions of the law, arrested individuals may be allowed to leave the country without being charged by a judge.

Immigrants convicted of crimes can also be deported by a judge.

“The only reason we had to pass this law is because the Biden administration refuses to enforce the laws already in place.” Reynolds wrote about Xindicating that there are no plans not to implement the new law.

“I have a duty to protect the people of Iowa,” she added. “Unlike the federal government, we respect and enforce the rule of law.”


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Reynolds said the Biden administration’s response to the immigration crisis necessitated the new law. Getty Images

Iowa’s top Republican prosecutor said the state “will not back down” despite the threat of litigation.

Attorney General Brenna Byrd: “Biden has not only refused to enforce federal immigration laws and secure our borders, but he is also threatening to block states like Iowa from enforcing our own laws.” I wrote to X.

“Our message to Mr. Biden is this: The IA will not back down and stand by while the security of our state is at stake,” he added. “If Biden refuses to stop border invasions and keep our communities safe, the IA will do the job for him.”

The law, which is similar to Texas’ SB4 law, makes illegally crossing the border a state crime and allows state authorities to arrest, imprison, prosecute, and deport immigrants who enter the country between ports of entry. I admit it.

The Texas law, part of Republican Gov. Greg Abbott’s “Operation Lone Star” initiative, has been blocked by an appeals court pending a lawsuit.

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