US Justice Department warns it will sue if Iowa tries to enforce its new immigration law

The U.S. Department of Justice will sue Iowa to block a new immigration law criminalizing "illegal reentry" if it remains in effect, a top DOJ official wrote to Gov. Kim Reynolds and Attorney General Brenna Bird Thursday.

In a letter obtained by the Des Moines Register, Principal Deputy Assistant Attorney General Brian Boynton wrote that the department "intends to bring a lawsuit to enforce the supremacy of federal law and to enjoin" the new immigration law passed as Senate File 2340.

"SF 2340 is preempted by federal law and violates the United States Constitution," Boynton wrote.

He gave the state a deadline of May 7 to suspend enforcement of the law before the DOJ takes action.

More: Iowa's new immigration law relies on local police, but many doubt they can enforce it

The law, signed in April after passing the Republican-led Legislature, allows Iowa officers to arrest undocumented immigrants who have previously been deported or barred from entering the country. If convicted, a judge could order that they be deported back to their home country.

Boynton wrote that the law "effectively creates a separate state immigration scheme," which "intrudes into a field that is occupied by the federal government and is preempted."

The law also violates the Immigration and Nationality Act, he wrote, and conflicts "with various provisions of federal law permitting noncitizens to seek protection from removal to avoid persecution or torture."

More: Kim Reynolds signs Texas-style immigration law criminalizing 'illegal reentry' into Iowa

Reynolds retorted that Iowa needed the law because of the Biden administration's poor record on immigration.

"The only reason we had to pass this law is because the Biden administration refuses to enforce the laws already on the books," Reynolds said in a statement provided to the Register. "I have a duty to protect the citizens of Iowa. Unlike the federal government, we will respect the rule of law and enforce it."

The attorney general said in a statement that "Iowa will not back down."

"Not only has Biden refused to enforce federal immigration laws and secure our border, he is now threatening to block states like Iowa from enforcing our own laws," Bird said. "Our message to Biden is this: Iowa will not back down and stand by as our state’s safety hangs in the balance. If Biden refuses to stop the border invasion and keep our communities safe, Iowa will do the job for him."

Iowa's law mimics a Texas measure that has been blocked by the courts while a lawsuit challenging its constitutionality is decided. The DOJ, which sued to block the law, argues it usurps federal authority to enforce immigration laws. Boynton wrote that Iowa's measure is "similar" to Texas' Senate Bill 4.

In most cases under the Iowa law, "illegal reentry" is classified as an aggravated misdemeanor, which carries a two-year prison sentence.

But in some circumstances, it can be elevated to a class D felony (up to five years in prison) or a class C felony (up to 10 years) if the person has been previously arrested for another crime.

Reynolds and those backing the law have called it a response to the Biden administration's immigration policies, arguing that it allows Iowa law enforcement to "enforce immigration laws already on the books."

Des Moines Police Chief Dana Wingert said in March his department is "not equipped, funded or staffed" to take on immigration enforcement responsibilities.

"Simply stated, not only do we not have the resources to assume this additional task, we don't even have the ability to perform this function," Wingert said.

Galen Bacharier covers the Statehouse & politics for the Register. Reach him at [email protected]m or (573) 219-7440, and follow him on Twitter @galenbacharier.

This article originally appeared on Des Moines Register: Justice Department says it will sue to stop Iowa's new immigration law