With the inauguration of President Trump, states are again able to work with the federal government to protect our nation’s borders and the citizen who live within their own state borders. The failed policies of the Biden-Harris administration forced states to defend themselves from the influx of illegal immigrants. In Iowa, both House and Senate Republicans, and even some Democrats, passed Senate File 2340, to allow the arrest of illegal immigrants in certain situations.
The bill was signed by Governor Reynolds in April of 2024. Currently, the law cannot be enforced because it is tied up in lawsuits filed by the ACLU, the American Immigration Council, and the Iowa Migrant Movement for Justice. Whether the law can be enforced or not, it’s clear Iowans expect their federal and local officials to work together to secure the border and remove illegal immigrants from our state.
Under the law, if a person has previously been deported from the country for illegal entry or denied entry and they later enter Iowa while illegally in the country they are guilty of the crime of reentry into the state and could be convicted of an aggravated misdemeanor. The penalty increases to a class “D” felony if the person was previously convicted of certain misdemeanors or removed from the country as part of the alien terrorist removal proceedings. Finally, a person previously removed from the country after a felony conviction is guilty of a class “C” felony if they come back illegally to Iowa.
The law prohibits arresting or detaining anyone under this chapter of the law if they are at
– School for educational purposes.
– Church or other established place of religious worship.
– Health care facility to receive medical treatment.
– A facility that provides forensic medical examinations to sexual assault survivors if the person is there to obtain a forensic medical examination and treatment.
Once a person is arrested for any of the reentry crimes, they can agree to leave the country and return to their home country or the country where they entered the United States illegally. If they refuse and are convicted under this new code section, they can be imprisoned and then be ordered to return to the foreign nation where they entered. The law prohibits any deferred judgment or sentence. Additionally, state and local officials who enforce the law are provided civil immunity and indemnification for their actions.
The goal of Senate File 2340 is not to engender fear or intimidation, it is to strongly encourage people to follow the process and come here legally. The goal is to discourage those who enter the country illegally from coming to Iowa. Legal immigration is part of our national story, but illegal immigration puts all of us at risk.
