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CV NEWS FEED // Iowa Catholic bishops and an immigration attorney who works for Catholic Charities in the Archdiocese of Dubuque, Iowa, are among those fighting a new Iowa law about immigration.
The law, Iowa Senate File 2340, allows judges in Iowa to deport people who are not US citizens or nationals and who have previously been denied admission to the US or been deported. If the person committed a felony or at least two misdemeanors that involved drugs or crimes against a person, the person must first serve time in prison and pay a fine.
Also according to the law, peace officers can’t arrest people at schools, places of worship, or health care facilities. If the local government official, employee or contractor was reckless in enforcing the bill, the state will not provide immunity or indemnification.
A judge can deport a person who violates the bill if the person agrees to the order and the person does not have a prior aggravated misdemeanor, conviction under the bill, or order to leave the US. The law enforcement agency that arrested the person must also ensure the person is not on any terrorist watch lists. The person would have to return to the country from which they attempted to enter the US. A court cannot stop prosecution by finding that a federal determination of immigration status is pending.
Iowa Migrant Movement for Justice, Jane Doe, and Elizabeth Roe on May 10 asked the US District Court for the Southern District of Iowa to stop SF 2340 from taking effect on July 1. The plaintiffs said the law “unconstitutionally intrudes on the exclusively federal field of entry and removal, and is in conflict with federal law.” They also want the court to waive the requirement of bond.
Ry Meyer, who works for Catholic Charities’ Immigration Legal Services, said in his declaration supporting calling for the preliminary injunction that the law will negatively impact the Diocese’s immigration legal services by discouraging immigrants from seeking services because they are afraid they will be stopped and arrested.
“It is particularly important for people without eligibility for immigration relief to be able to access confidential legal consultations with CCAD ILS, so such immigrants receive legal case analysis from an attorney as opposed to making legal assumptions based on rumor, social media, or other non-legal sources,” Meyer argued.
He said the law infringes on Catholic social teaching and the organization’s mission.
“Our calling is to uplift the life and dignity of all people, including immigrants regardless of their immigration status,” Meyer remarked. “But SF2340 will exacerbate exploitation, abuse, and family separation for the immigrant communities we serve.”
“Survivors of crime and abuse, such as recipients of U visa, T visa, VAWA, asylum, who have previously been removed from the U.S., are unquestionably among the most vulnerable people in the CCAD service area. They are also often eligible for our services to help them obtain legal immigration status,” he added.
The Iowa Catholic Conference said in a May 1 article that the Iowa bishops have opposed state migration enforcement measures like this law because “they place a disproportionate emphasis on punitive sanctions, undermine family unity, reduce humanitarian protections, and provide no viable solutions for long-time residents without legal status” and the state cannot transfer people to another country without the other country’s permission.
The federal government has sued the State of Iowa, Iowa Gov. Kim Reynolds, Iowa Attorney General Breanna Bird, the Iowa Department of Public Safety and Iowa Department of Public Safety Commissioner Stephan Bayens in the U.S. District Court for the Southern District of Iowa Central Division Court, claiming the law violates the U.S. Constitution’s supremacy and foreign commerce clauses.
Gov. Kim Reynolds said in a statement on May 9 in response that she must 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,” Reynolds said.