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Iowa will face lawsuit if it acts on immigration law, DOJ warns

The Department of Justice (DOJ) warned the state of Iowa on Friday that it could face lawsuits if it enforces an immigration law that prohibits people who have previously been denied entry into the U.S. from remaining in the state. did.

The Department of Justice has asked Iowa’s top officials, Gov. Kim Reynolds and Attorney General Brenna Byrd, if they want to implement SF 2340, a bill that would make it a crime for Hawkeyes to be in Iowa. He has given notice of his intention to sue the state by April 7th. If you have been previously deported from the United States or have an outstanding deportation order.

Reynolds said the law will be enforced because it is her “duty” to protect Iowans.

“The only reason we had to pass this law is because the Biden administration refuses to enforce the laws that are already in place,” Reynolds said in an interview Friday. Post on social platform X. “I have a duty to protect the people of Iowa. Unlike the federal government, we respect and enforce the rule of law.”

Department of Justice letter — first reported des moines register — argued that Iowa’s law violates the Constitution and the Immigration and Nationality Act.

“SF 2340 is preempted by federal law and violates the U.S. Constitution,” Brian Boynton, chief of staff to the U.S. attorney general, said in a letter obtained by The Hill.

Boynton said in the letter that the law “effectively creates separate state immigration programs” that “intrude and preempt territory occupied by the federal government.”

Like Reynolds, Byrd said the state intends to move forward with implementing the bill despite the Justice Department’s request.

“Not only has Biden refused to enforce federal immigration laws and secure our borders, he is now threatening to block states like Iowa from enforcing our own laws,” Byrd said. Said this on Friday’s X.

“Our message to Biden is this: The IA will not stand by and stand by while our nation’s security is at stake. If Biden refuses to stop border incursions and keep our communities safe, the IA will do the work instead.”

The Justice Department’s threat of litigation is not empty.

The department sued Texas earlier this year after it passed a law allowing state law enforcement to effectively conduct immigration operations and deport people considered immigrants to Mexico, regardless of their country of origin. The law is on hold while litigation continues.

The Justice Department also filed suit against Texas for installing large buoys on the Rio Grande to deter migrants from crossing, and the department also sued for Texas’ installation of bellows wire along the border. They objected to the move, arguing that it was interfering with the ability of U.S. immigration officials to perform their duties.

These cases are still working their way through the court system, but the Justice Department has largely won, with courts siding with the Justice Department, holding that immigration enforcement is a federal government authority.

Nationally, Republicans are going after President Biden, accusing him of failing to enforce federal law at the southern border.

House Republicans impeached Homeland Security Secretary Alejandro Mayorkas in February over Biden’s abortion policies. House Republicans also derailed a bipartisan agreement brokered in the Senate earlier this year that would have imposed new restrictions along the border.

The Iowa law, which Reynolds signed on April 10, goes into effect on July 1.

Copyright 2024 Nexstar Media Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.

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