Iowa House lawmakers vote to create new crime of 'smuggling' undocumented immigrants

Iowa House lawmakers voted Thursday to create a new crime of "smuggling" for people who transport undocumented immigrants for gain or with the intent to conceal them from law enforcement.

It's the latest bill advanced by Iowa Republicans that would allow the state to address immigration as Congress fails to reach a deal to reduce illegal border crossings.

"The very real and profoundly serious crisis on our southern border demands that we stand up as a state and protect our citizens and our sovereignty," said the bill's floor manager, Rep. Steven Holt, R-Denison. "And perhaps discourage human trafficking, labor trafficking, sex trafficking and all of the garbage that is happening on our southern border and transferring into our state."

Democrats said the federal government, not the state, should be enforcing immigration law. They chastised Republicans in Congress for killing a bill in the U.S. Senate that would have created a new mechanism to shut down the border if illegal crossings reach a certain threshold.

"I think we can all agree that the immigration system needs some work. I think we can all agree on that," said Rep. Lindsay James, D-Dubuque. "There has been bipartisan legislation, legislation worked out across the line on the federal level that imploded because of the politics of Donald Trump and the Republican do-nothing Congress. We shouldn’t even be having this discussion today."

House lawmakers voted 60-32 Thursday to pass House File 2608. Every Republican present voted in favor of the bill, as did one Democrat, Rep. Austin Baeth, D-Des Moines. Every other Democrat was opposed.

Baeth published an explanation of his vote in the House Journal, indicating that his yes vote was inadvertent and he intended to vote no.

The vote sends the bill to the Senate for consideration.

Iowa bill would create new crime of 'smuggling' an undocumented immigrant

The bill would create a new crime of "smuggling" an undocumented immigrant. The crime would apply to someone who acts "knowingly, for payment or some other benefit."

Someone who transports an undocumented immigrant with the intent to conceal them from law enforcement, flee law enforcement or encourage them to illegally enter or remain in the United States or illegally remain on agricultural land without the owner's consent would be guilty of a class C felony, punishable by up to 10 years in prison.

The crime would be a class A felony, punishable by life in prison without parole, if the person who was smuggled is seriously injured, killed or is sexually abused.

The crime would be a class B felony, punishable by up to 25 years in prison, if the person who was smuggled was under 18 years old, if the smuggler intended to benefit monetarily from the arrangement or if a gun was involved.

Rep. Rick Olson, D-Des Moines, said the bill's definitions are too broad and could apply to someone who knowingly gives an undocumented immigrant a ride in a vehicle for any benefit, not just a monetary benefit.

"The definitions are very, very, very broad," he said. "It’s an umbrella that’s going to catch way too many people, in theory at least, and it needs work."

Holt dismissed those concerns, saying that they're addressed by the bill's language about acting knowingly and for a benefit.

"I think that parade of horribles is silly because I think we have prosecutorial discretion, I think we have law enforcement discretion and I think the language is plenty tight," he said.

The bill would also require state agencies to ensure that people receiving public assistance benefits are legally in the country and are Iowa residents, something that is already done by the state and required under federal law.

"This is already current practice as a result of existing federal law, so it would not in any way change what is currently being done," Holt said. "However, we believe it is important to codify this into state law in case the federal law were to ever change."

Legislative Republicans are considering several bills this year that would target illegal immigration. Critics call the bills anti-immigrant and say they will damage the state's workforce.

Another bill would make "illegal reentry" into Iowa a crime for someone who has previously been deported or denied entry into the United States. The bill is modeled after a controversial Texas law that is being challenged in court for allegedly unconstitutionally usurping the federal government's authority to enforce immigration laws.

The Senate also passed a bill last month requiring all Iowa businesses to use the federal E-Verify system to determine whether their employees are legally in the country. Companies that violate the requirement would face the suspension or loss of their business license.

Stephen Gruber-Miller covers the Iowa Statehouse and politics for the Register. He can be reached by email at [email protected] or by phone at 515-284-8169. Follow him on Twitter at @sgrubermiller.

This article originally appeared on Des Moines Register: Iowa House passes bill criminalizing 'smuggling' undocumented immigrants