by Misty Severi
U.S. District Court Judge Stephen Locher issued an injunction on the law, and agreed that Justice Department would likely win its argument that federal law preempted the state order.
A federal judge in Iowa on Monday temporarily stopped its new immigration law that could criminally charge people residing in the state if they have a standing deportation order or were previously denied entry to the U.S.
Iowa passed the law in April, which criminalizes a person for being in the state if they were previously not allowed in the country, or if they currently have deportation orders. If arrested and convicted, a judge can have the individual deported back to their home country. But if the person is not deported, they could be sentenced to two years in prison if it is classified as a misdemeanor, or up to 10 years if it is a felony and they have been arrested before.
The Justice Department filed a lawsuit against the state last month, claiming that federal law likely preempted the state's order. U.S. District Court Judge Stephen Locher issued an injunction on the law, and agreed that Justice Department would likely win its argument, according to the Associated Press.
“As a matter of politics, the new legislation might be defensible,” Locher wrote in his decision. “As a matter of constitutional law, it is not.”
Iowa Gov. Kim Reynolds previously said she felt the executive action was only necessary because the Biden administration was not adequately enforcing laws that are already in place, and because of the border crisis which has spread to most states.
Iowa state Attorney General Brenna Bird expressed disappointment in the ruling, and said she would appeal the injunction.
“I am disappointed in today’s court decision that blocks Iowa from stopping illegal reentry and keeping our communities safe,” Bird told the AP. “Since Biden refuses to secure our borders, he has left states with no choice but to do the job for him.”
Misty Severi is an evening news reporter for Just the News. You can follow her on X for more coverage.
Source: https://justthenews.com/government/courts-law/federal-judge-temporarily-stops-iowa-law-could-deport-or-charge-illegal
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