Biden admin threatens to sue Iowa over new immigration law

The Biden administration's Department of Justice is threatening to sue Iowa over the state's new immigration law, according to a Thursday letter obtained by the Des Moines Register.

In April, Iowa Gov. Kim Reynolds (R) signed Senate File 2340 into law, which grants state police the authority to arrest and deport certain illegal aliens, Blaze News previously reported. It is slated to take effect on July 1.

Under the new law, illegal immigrants could face an aggravated misdemeanor charge if they have an outstanding deportation order, were previously removed from the country, or were prohibited from entering the country. Illegal aliens with any felony convictions or former deportation orders related to drug crimes or crimes against people could face felony charges, the law states. Additionally, the new legislation empowers judges to allow illegal immigrants to leave the country instead of facing state charges.

Reynolds signed the bill because "the Biden administration has failed to enforce our nation's immigration laws, putting the protection and safety of Iowans at risk."

"Those who come into our country illegally have broken the law, yet Biden refuses to deport them. This bill gives Iowa law enforcement the power to do what he is unwilling to do: enforce immigration laws already on the books," Reynolds said.

The new legislation is similar to Texas' Senate Bill 4, which is currently tied up in the court system as a result of a lawsuit filed by the DOJ.

The department warned Iowa on Thursday that it would also challenge its new legislation if state officials allow it to take effect.

In a letter obtained by the Des Moines Register, Principal Deputy Assistant Attorney General Brian Boynton told Reynolds and Attorney General Brenna Bird that the DOJ "intends to bring a lawsuit to enforce the supremacy of federal law and to enjoin" SF 2340.

"SF 2340 is preempted by federal law and violates the United States Constitution," Boynton argued, claiming the law "effectively creates a separate state immigration scheme."

The DOJ also contended that the law violates the Immigration and Nationality Act.

To avoid the legal action, Iowa has until May 7 to suspend the legislation.

Reynolds told the Des Moines Register, "The only reason we had to pass this law is because the Biden administration refuses to enforce the laws already on the books."

"I have a duty to protect the citizens of Iowa. Unlike the federal government, we will respect the rule of law and enforce it," she added.

Bird also stood behind the governor's decision to enact the new law, noting that "Iowa will not back down."

"Not only has Biden refused to enforce federal immigration laws and secure our border, he is now threatening to block states like Iowa from enforcing our own laws," Bird stated. "Our message to Biden is this: Iowa will not back down and stand by as our state's safety hangs in the balance. If Biden refuses to stop the border invasion and keep our communities safe, Iowa will do the job for him."

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