The Iowa House Judiciary Committee advanced a bill requiring law enforcement officers be United States citizens on Tuesday by a 12-8 vote. Two Republicans joined Democrats in opposition to House Study Bill 534.
Current law requires law enforcement officers be United States citizens unless the individual receives a waiver from the Iowa Law Enforcement Academy Council.
Democrat State Rep. Lindsay James said the bill goes in the opposite direction of a program offered by the Iowa National Guard that allows individuals to earn citizenship through service. She opposed the bill.
Republican State Rep. Brian Lohse said there are 278 combined years of law enforcement experience on the Iowa Law Enforcement Academy Council. Each member has at least nearly 19 years of experience.
“We have a process in place that allows waivers,” Lohse said. “It’s required people be a United States citizen unless a waiver is granted. Those waivers can only be done through ILEA Council approval.”
Lohse said backing the blue also means trusting them.
“When we have a council that has 278 years of law enforcement experience, I think they’ve earned our trust,” Lohse said.
Departments that are recommending candidates to the council for the waivers are also worthy of trust, Lohse said.
“At least until they aren’t,” he added. “The council through the years has demonstrated we can trust them to make good decisions.”
Just three waivers have been given and in each case Lohse said it has been a long-time, permanent resident who is seeking citizenship.
“If we’re going to back the blue, let’s show them the trust that they have earned,” he said. “I think this is the wrong move. I think it sends the wrong message and it’s not a message that I’m willing to send.”
Republican State Rep. Jon Dunwell also spoke out against the bill. He said law enforcement personnel he has talked with believes proper checks and balances are in place.
Republican State Rep. Steve Holt, who managed the bill, said he isn’t interested in messages, but he is interested in the fact noncitizens have police powers over United States citizens. The issue came to Holt because members of the law enforcement community and members of the ILEA council brought it to his attention.
“This is not about the individual,” Holt said. “But rather whether people who are not citizens should have police powers over United States citizens. And my answer to that is no.”
Holt noted that while noncitizens can serve in the military, they only get police powers through extraordinary circumstances that are the exception to the rule. He said it is an apples-and-oranges comparison.
Military officers are required to be US citizens, according to federal law, Holt added.
“It’s not about the caliber of the individuals. It’s about whether or not you’re OK with noncitizens having police powers over United States citizens and I am not,” Holt said.
The bill advanced through the House Judiciary Committee 12-8 with Lohse and Dunwell joining all Democrats in opposition.
