Until the Biden Administration does its job to protect our nation’s borders, states are stepping up to the challenge. Border states, like Texas, have passed legislation to permit the arrest of those who enter the state when they are not legally allowed to be in the country. While Iowa may not be a border state, the lack of border enforcement affects Iowans. That’s why both House and Senate Republicans and even some Democrats agreed on Senate File 2340, a bill to allow the arrest of illegal immigrants in certain situations.
Contrary to what some Democrats said on the House Floor, SF 2340 is not anti-immigrant. Instead it is pro legal immigration, pro law and order, and focused solely on illegal immigration. The bill is modeled after Texas law SB 4. It’s straightforward and makes clear that illegal immigrants face consequences.
Under the bill, if a person has previously been caught in the country illegally and they later enter Iowa they are guilty of the crime of reentry into the state. A person who has previously been deported, or denied admission into the United States, who reenters the country and Iowa, is guilty of an aggravated misdemeanor. The penalty increases to a class “D” felony if the person was previously convicted of certain misdemeanor crimes 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 bill prohibits arresting or detaining anyone under this chapter of the law if they are at a:
– 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 bill 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 scare or intimidate those who follow the process and come here legally. The goal is to discourage those who enter the country illegally from coming to Iowa.
