Civil rights and immigrant rights groups are suing Iowa over the constitutionality of a new law, signed by Iowa Gov. Kim Reynolds, left, making it a crime to be in the state if previously denied admission to the U.S. (Kevin Dietsch/Getty Images, left, John Moore/Getty Images, right.)
The suit was filed by the American Civil Liberties Union of Iowa and the American Immigration Council on behalf of the Iowa Migrant Movement for Justice and two individual Iowans. It’s the first legal action taken against Iowa in response to the law, though the U.S. Department of Justice warned the state’s top officials last week.
The bill, Senate File 2340, was signed into law last month by Republican Gov. Kim Reynolds, gives Iowa law enforcement officers the ability to charge people with an aggravated misdemeanor if they have entered the country illegally. It goes into effect on July 1 and mirrors part of a high-profile Texas law that is currently blocked in court.
The law specifically makes it an aggravated misdemeanor offense, which is punishable by up to two years in prison, for migrants in the state who have outstanding deportation orders, who were previously deported or previously prohibited from entering the country.
The crime is raised to a felony offense, according to the new law, if the immigrant's removal orders pertained to misdemeanor convictions for drug-related crimes, crimes against people, or prior felony convictions.
However, the claimants argue that the new law conflicts with existing immigration laws by giving law enforcement the power to arrest immigrants who have authorization to be in the U.S., such as those granted asylum or those who were given visas to protect them from crime or trafficking.
Kate Melloy Goettel, legal director at the American Immigration Council, said even a person who has lawful immigration status, could be arrested and deported if they were previously deported or removed and reentered the country.
Iowa Governor Kim Reynolds speaks at the Family Leadership Summit on July 14, 2023 in Des Moines, Iowa. (Scott Olson/Getty Images)
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"They are not enforcing the immigration laws that are on the books and in every state in this country, every governor understands the consequences of what is happening. We are seeing violent crime, increased drug seizures, we’re seeing overdose deaths skyrocketing.
"And if this president is not going to do his job then the states are going to have to step in and do it for him… he’s not undertaking his constitutional duty to protect the sovereignty of this country."
Fox News’ Kyle Morris and Adam Shaw, as well as the Associated Press contributed to this report.
Michael Dorgan is a writer for Fox News Digital and Fox Business.
You can send tips to michael.dorgan@fox.com and follow him on Twitter @M_Dorgan.
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https://www.foxnews.com/politics/iowa-sued-hardline-immigration-law-rights-groups-claim-unconstitutional