The US court approved a ban on Iowa’s immigration detention law

by Daniel Wisner

(Reuters) – A U.S. appeals court on Friday refused to allow Iowa to implement a law that allows for the arrest and prosecution of people who are in the country illegally.

The 8th U.S. Circuit Court of Appeals, based in St. Louis, said the Republican-led state law would interfere with the federal government’s ability to enforce U.S. immigration laws before a judge blocked it from taking effect in July.

“Decisions to remove illegal aliens affect foreign relations and must be made unanimously,” Circuit Judge Duane Benton wrote for the court.

Iowa law makes “unlawful entry” a felony punishable by up to two years in prison and allows state judges to order individuals to return home after serving their sentences.

The decision suspends the state law pending the outcome of a U.S. Justice Department lawsuit against Iowans last year during the administration of Democratic former President Joe Biden.

Republican President Donald Trump’s administration may drop the challenge, along with lawsuits filed against similar laws passed in Texas and Oklahoma. Civil rights groups have also filed lawsuits against state laws.

Trump has promised to crack down on illegal immigration, including deporting millions of people, and has issued related executive orders within days of being in office.

Iowa Attorney General Brenna Bird, a Republican, said in a statement: “Iowa has stood firm against the Biden-Harris border raids that have made every state a border state. And despite today’s court ruling, the fight is far from over.”

The Justice Department did not immediately respond to a request for comment.

Iowa is one of several states where Republican officials critical of Biden’s border policies have introduced legislation to increase states’ powers to address illegal immigration, a major issue in the November presidential election.