DES MOINES, Iowa (AP) — The federal government has long had sole authority over immigration policy in the United States, but several Republican-led states continue to push to lend a hand enforce the rules, out of frustration with current policies and as a way to criticize Democratic U.S. President Joe Biden.
Polls show that Americans are increasingly concerned about illegal immigration. That concern has become a top issue in the presidential campaign between Biden and Republican Donald Trump. Republican politicians in several states say they owe it to their citizens to be more proactive in charging and deporting people who do not have legal status in the United States.
Iowa is among states that have passed laws giving state law enforcement and courts the right to bring charges against people based on their immigration status, but this week a federal judge blocked the state’s modern rules, which were set to take effect on July 1.
What happened in Iowa?
A federal judge issued a transient restraining order Monday blocking a bill passed by Republican lawmakers and Republican Gov. Kim Reynolds that gives state authorities powers previously reserved for federal officials. The Iowa law would allow prosecutors to bring charges against people who have pending deportation orders or who have previously been deported from the U.S. or denied entry.
Once arrested, migrants would have the choice of either complying with a court order to leave the country or facing criminal prosecution and possibly a prison sentence before being deported.
The U.S. Justice Department and a coalition of civil rights groups filed a lawsuit arguing Iowa’s modern rules would lead to confusion and chaos. In his ruling, U.S. District Judge Stephen Locher temporarily blocked the law and said the Justice Department and civil rights groups would likely succeed in arguing that federal immigration law supersedes Iowa’s modern law.
Locher said that from a political perspective the law may be “defensible,” but from a constitutional perspective it is not.
Iowa’s Republican Attorney General Brenna Bird criticized the Biden administration for attempting to block the state’s law and said she would appeal.
Which other countries have immigration laws?
Texas has taken the initiative to seek a state role in immigration enforcement, passing a law that allows migrants detained for illegal entry to comply with a judge’s order to leave the country or face prosecution. The law was in effect for just hours in March before it was put on hold by a three-judge federal appeals court.
The U.S. Department of Justice has sued Oklahoma to block a similar law, arguing that it violates the U.S. Constitution.
In Georgia, a modern law requires prison officials to check with U.S. Immigration and Customs Enforcement to see if prisoners are known to be in the country illegally. The law makes it a misdemeanor to knowingly fail to check immigration status and denies federal funds to local governments that do not cooperate.
Tennessee Governor Bill Lee has signed a law requiring law enforcement agencies to notify federal authorities if they know of anyone who is in the country illegally and to assist authorities in identifying, arresting and deporting those individuals.
New Hampshire lawmakers also approved a proposal aimed at people suspected of entering the country illegally. It would make it a crime to enter certain protected open space properties for unauthorized activities such as hunting, fishing or hiking. The amendment to the state’s trespass law is awaiting the governor’s signature.
Will Democrats pass immigration laws?
Democratic-led states have largely left immigration enforcement to the Biden administration, but some have sought to expand immigrants’ rights.
In Maryland, lawmakers have approved a bill calling for a federal exemption that would allow citizens to purchase health insurance through the state’s health exchange, regardless of their immigration status.
Arizona’s Democratic governor, Katie Hobbs, vetoed a bill similar to the Texas law in March, and lawmakers then narrowly approved a bill that would ask voters to make it a crime for noncitizens to enter the state at any point other than the border crossing. The bill will be voted on November 5.
Why do politicians pay attention to this issue?
Polls show that more than half of American adults believe Biden’s immigration policies have harmed the country.
Trump and other Republicans have sought to capitalize on this vulnerability by prioritizing asylum seekers and other migrants seeking to enter the United States illegally.
Biden and some other Democrats responded by pointing out that the president had proposed strict immigration restrictions, but these had been blocked by Republicans. The president argued that Trump wanted to keep the conflict alive as a campaign issue.
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Jeff Amy in Atlanta, Holly Ramer in Concord, New Hampshire, Brian Witte in Annapolis, Maryland, and Jacques Billeaud in Phoenix contributed to this report.
