Biden Admin Sues Iowa to Block Anti-Illegal Immigration Law

Illegal immigrants cross into the United States from Mexico to be processed by Border Patrol agents in El Paso, Texas, on May 8, 2023. (John Moore/Getty Images)

The Biden administration has filed a lawsuit seeking to block an Iowa anti-illegal immigration law that authorizes the arrest and prosecution of people who have entered the United States illegally after being previously denied admission or deported.

The Department of Justice (DOJ) filed the lawsuit at a court in Des Moines, Iowa, on May 9, seeking to challenge Senate File 2340 under provisions of the U.S. Constitution that assign the federal government the authority to regulate immigration and manage border-related matters.

“Iowa cannot disregard the U.S. Constitution and settled Supreme Court precedent,” Principal Deputy Assistant Attorney General Brian Boynton, head of the Justice Department’s Civil Division, said in a statement. “We have brought this action to ensure that Iowa adheres to the framework adopted by Congress and the Constitution for regulation of immigration.”

Iowa’s law, which was signed by Republican Gov. Kim Reynolds on April 10, would make it a crime for someone to be in Iowa if they have outstanding deportation orders, or if they had been denied admission to Iowa, or if they had previously been deported from the United States.

When Ms. Reynolds signed the bill, she said the law—slated to take effect on July 1—was prompted by the Biden administration’s alleged failure to enforce immigration laws.

“The Biden Administration has failed to enforce our nation’s immigration laws, putting the protection and safety of Iowans at risk,” Ms. Reynolds said at the time. “Those who come into our country illegally have broken the law, yet Biden refuses to deport them.”

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The governor issued a statement on May 9 in response to the Biden administration’s lawsuit, insisting that the measure is necessary to protect Iowans and signaling that she’s ready to take on the administration in a court battle.

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

In its lawsuit, the Biden administration has asked the court to declare SF 2340 invalid and to issue an order blocking Iowa from enforcing it.

Legal Claim

To bolster its case, the Justice Department cited a 2012 decision by the U.S. Supreme Court in a case known as Arizona v. United States, in which the high court ruled against Senate Bill 1070, which allowed the police to detain anyone suspected of being an illegal immigrant and required police to check the immigration status of detainees before releasing them.

In the Arizona case, the high court confirmed that decisions relating to detention and removal of illegal immigrants from the country were preempted by federal laws.

“SF 2340 impedes the federal government’s ability to enforce entry and removal provisions of federal law and interferes with its conduct of foreign relations,” the Justice Department said in a May 9 statement.

In a similar vein and on much the same legal premise, the Biden administration sued Texas over the Lone Star state’s decision to put up razor wire barriers in response to an influx of illegal immigrants.

Texas Gov. Greg Abbott ordered the Texas National Guard to put up the concertina wire barriers, but the Biden administration sued, leading to a U.S. Supreme Court ruling that allowed federal agents to take them down.

After the Supreme Court issued its decision, a spokesperson for the Department of Homeland Security said immigration law enforcement is a federal responsibility and Texas’s actions hampered those efforts.

“Rather than helping to reduce irregular migration, the State of Texas has only made it harder for front-line personnel to do their jobs and to apply consequences under the law,“ the spokesperson said. “We can enforce our laws and administer them safely, humanely, and in an orderly way.”

By contrast, Mr. Abbott’s tough stance on border security has been praised by Republicans. A group of 25 GOP governors issued a joint statement accusing President Biden of failing to secure the border and backing Mr. Abbott in his fight with the feds over border security measures.

“We stand in solidarity with our fellow Governor, Greg Abbott, and the State of Texas in utilizing every tool and strategy, including razor wire fences, to secure the border,” they wrote.

Civil Rights Organizations Sue

Besides the Biden administration suing over the Iowa anti-illegal immigration law, several civil rights organizations have also filed suit.

The American Immigration Council and national and state chapters of the American Civil Liberties Union have brought the suit, representing the Iowa Migrant Movement for Justice.

In their complaint, filed at the District Court of Southern Iowa on May 9, the groups raised essentially the same argument as the DOJ. Namely, they claim that SF 2340 encroaches on areas of law that are constitutionally protected by the federal government.

Rita Bettis Austen, legal director of the American Civil Liberties Union of Iowa said in a May 9 press release: “This ugly law is deeply harmful to Iowa families and communities.

“Iowa lawmakers knowingly targeted people who are protected by federal immigration laws and who are legally allowed to be here.”

Iowa Attorney General Brenna Bird vowed to fight the legal challenge in court.

“Iowa’s law is not unique; it simply enforces immigration laws while Biden refuses to,” Ms. Bird said in a social media post.

“Iowa stands ready to defend our immigration law that keeps Iowa communities safe.”