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OANβs Daniel Baldwin
May 6, 2024
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Iowa Attorney General Brenna Bird says the state will defend the new state immigration law despite the threat of legal action from the Biden Administration.
βIowa is not backing down,β Bird told One America News. βAnd if the Biden Administration decides to sue Iowa for doing the job that the federal government wonβt do and has failed to do, we will defend our laws in court.β
The Biden Administrationβs Department of Justice warned Iowa that it would pursue legal action if the state enforces Senate File 2340, a new law that permits officials to arrest illegal aliens who have previously been deported or banned from re-entering the United States.
βIt really isnβt complicated,β said Bird. βItβs fairly straightforward. And the problem here that weβre having in Iowa, even though Iowa is not on the border right now, every state is a border state because of Bidenβs absolute failure to secure our border.βΒ
βWe see drug cartels operating freely on both sides of the border,β Bird continued. βHuman trafficking. We see people on the terror watch list that have entered the United States or have been intercepted at the border. Itβs a very serious situation.βΒ
SF 2340 goes into effect on July 1st. The DOJ claims this not only violates the Constitution, but it is also βpreempted by federal law.β Bird disagrees.
βThe border is not secure,β Bird said. βAnd our immigration laws are not being enforced. And itβs the federal governmentβs job to do that. And when they donβt do that, then states have to step up to keep their state safe.β
A migrant could face an aggravated misdemeanor offense if he or she is found to be in Iowa if he or she has been βdenied admission to or has been excluded, deported, or removed from the United States.β
The law elevates the misdemeanor to a felony if the migrant if his or her previous removal from the country was related to a conviction for the commission of two or more misdemeanors involving drugs, crimes against people, or some form of felony.
βIf [the Biden Administration] cared about border security instead of threatening to sue us for doing the job the federal government has failed to do, if they spent just a little bit of that energy on securing the border, weβd all be better off,β Bird said. βInstead theyβre going after states like Iowa and Texas for doing the right thing.β
SF 2340 is reminiscent of Texasβ Senate Bill 4 legislation which made crossing the border illegally a state crime. Texas has battled the Biden Administration in court over the legality of SB4.
βThe ball is in the Biden Administrationβs court,β Bird said. βI would call upon them to secure the border, enforce our immigration laws, keep our country safe. Everybody wants that. And itβs a basic job of the federal government to do that job.β
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