Iowa immigration law making illegal reentry a misdemeanor blocked by 8th Circuit
Briefly

A federal appeals court, the 8th U.S. Circuit Court of Appeals, has blocked a new Iowa law that sought to penalize immigrants for illegal reentry into the state. The law proposed making such violations aggravated misdemeanors and required judges to mandate the deportation of those convicted. U.S. District Judge Stephen H. Locher ruled that the law was likely preempted by federal law, agreeing with the Biden administration’s stance. The court emphasized that immigration enforcement and removal decisions should be solely within the purview of federal authorities and could impact foreign relations.
The law makes violations an aggravated misdemeanor and requires judges to order convicted immigrants to return to the foreign nation from which they entered or attempted to enter the United States.
The 8th Circuit stated that the Iowa law is 'an obstacle to the exercise of the discretion that Congress gives to federal officials charged with enforcing federal immigration law.'
Decisions about the removal of illegal aliens 'touch on foreign relations and must be made with one voice,' according to the 8th Circuit's ruling.
The panel's preliminary ruling could be appealed, and the case has yet to go to trial on its merits at the district court.
Read at ABA Journal
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