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Migrants in Iowa wonder whether to leave over a bill that could see some arrested and deported

DES MOINES, Iowa (AP) – An Iowa bill that would allow the state to arrest and deport some immigrants is stirring fear among the immigrant community and asking, “Should I leave Iowa?” Some people wonder.

The bill, which is expected to be signed by Gov. Kim Reynolds, will make it a state crime for anyone to remain in Iowa if they have previously been denied entry to or removed from the United States. This reflects a portion of Texas law that is currently blocked in court.

Midwest states on the verge of defying Biden with Texas-style bill to fight illegal immigration

Across Iowa, Latino and immigrant community groups are organizing information sessions, resources and trying to answer people’s questions. It also requires local and county law enforcement to provide public statements as well as face-to-face interviews.

Audience listens to community organizer Maria Acosta speak at the Iowa Immigrants for Justice Information Session on Wednesday, March 27, 2024 in Des Moines, Iowa. A bill that would allow the state to arrest and deport some immigrants in Iowa has stoked concerns in the immigrant community over how it will be interpreted and enforced. (AP Photo/Charlie Neighborgal)

As 80 people gathered in a Des Moines public library community room last week, community organizer Fabiola Schirmeister pulled a question out of a tin can. One person asked in Spanish, “Is it safe to call the police?” Another question asked: “Can Iowa police ask about my immigration status?” and “What if I am racially profiled?”

Erika Johnson, executive director of the group organizing the rally, Iowa Immigrants for Justice, said with a sigh when someone asked her, “Should I leave Iowa?”

“Entiendo el sentido,” she said. I understand how she feels.

Schirmeister, who hosts a local Spanish-language radio show, explained how much time organizers have spent building bridges with law enforcement.

“It’s sad that this is going to undermine trust between local police, pro-immigration organizations and immigrant communities,” she said.

Des Moines Police Chief Dana Wingert told The Associated Press that immigration status is not factored into the department’s efforts to keep communities safe, calling it “disingenuous” to include immigration status at the same time as regulating law enforcement. “It’s a contradiction,” he said. We are working to eliminate such prejudice.

“I’m not interested, and I don’t have the equipment, funding, or personnel to take on additional responsibilities that have historically not been a function of local law enforcement,” he added.

Republican leaders in Iowa and across the country are rallying to accuse President Joe Biden of shirking his responsibility to enforce federal immigration law, repeating the phrase “every state is a border state.” . This led Republican governors to send in the military to support Texas Governor Greg Abbott’s Operation Lone Star, and Congress to propose various state-level strategies.

Iowa lawmakers have advanced measures to address the “clear and present danger” (one lawmaker) poses to Iowans from some migrants crossing the southern border. Republican Rep. Steve Holt acknowledged constitutionality issues with the bill, but ultimately argued that Iowa has a “right, obligation, and moral obligation to act to protect our people and our sovereignty.” did.

“If we were to go to court with the federal government, we would invoke this bill if it passed,” Holt told a subcommittee in February. “I think it’s time for all states to stand up and say, ‘Enough is enough. We’re going to protect our people.'”

The Texas law has been challenged by the U.S. Department of Justice as inconsistent with federal immigration authorities and is stuck in court. The department did not immediately comment on the Iowa bill.

The Iowa law, like the Texas law, could lead to criminal charges against people who have outstanding deportation orders or who were previously removed from or denied entry to the United States. Once in custody, immigrants must agree to a judge’s order to leave the United States or face charges.

The judge’s order must identify the means of transportation for the migrants to leave the United States and the law enforcement officers or Iowa authorities who will monitor the migrants’ departure. Those who do not leave could be rearrested on more serious charges.

Huyen Pham, an immigration law expert at Texas A&M School of Law, said the Iowa bill would require enforcement and enforcement similar to the Texas law because deportation is a “complex, expensive and often dangerous” federal process. He said he was facing a problem.

“How does Iowa law enforcement determine if someone enters Iowa in violation of immigration orders?” Pham asked. He said questions remained about which countries the detained persons would be returned to, how they would get there and how authorities would communicate with those countries.

Deportation is a bilateral process, meaning the federal government negotiates with the government of another country, she said. Pham said disparate immigration policies from state to state could threaten those international relationships.

Mexico has already said it will refuse to allow state and local governments to enforce its immigration laws.

Representatives from the Iowa State Patrol and several other police departments and county sheriff’s offices across the state declined to comment on the bill before it was signed into law.

Sean Ireland, president of the Iowa Association of Sheriffs and Deputies and a Linn County sheriff’s deputy, said in an email that if the bill becomes law, law enforcement officials will consult with county attorneys for guidance. Ta.

But Ireland added that community-police relations are a priority and law enforcement’s focus is “not on finding people who have entered this country illegally and have not committed a crime.”

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Manny Galvez, leader of Escucha Mi Voz (Hear Me), a community group based in the rural city of West Liberty, said the bill would help improve access to some of Iowa’s hard-to-reach areas. He said that the immigrant community, including the bureau, has become more active and has started sending immigrants. The message is that immigration is a human issue, and that the state’s meatpacking plants, cornfields and construction projects depend on immigrant labor.

Galvez said lawmakers pushing bills like this one are out of touch with that reality.

“Criminalizing immigrant communities is not the solution,” he said. “We tell people: ‘Don’t be afraid. Tenganmied is no good. We will continue to fight this.'”

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