Immigrants, advocates rally against law making illegal immigration a state crime

Immigrant advocacy organizations hosted a rally on the terrace of the Iowa State Capitol in Des Moines May 1, 2024 in opposition to the Iowa law making illegal immigration a state crime. (Photo by Robin Opsahl/Iowa Capital Dispatch)

Immigrant advocacy groups held five events in cities across the state Wednesday to oppose a new law that makes illegal immigration a state crime in Iowa.

In Des Moines, more than 70 people gathered under umbrellas and canopies on the terrace of the Iowa State Capitol, holding signs and listening to speakers with Latinx Immigrants of Iowa discuss the impacts of a new state law.

Gov. Kim Reynolds signed Senate File 2340 into law in April. The bill allows state law enforcement to charge people with an aggravated misdemeanor if they have been deported, denied admission or removed from the U.S., or if they have a standing order to leave the country, with higher penalties for people who are illegally in the state with prior criminal convictions.

The legislation would also allow state judges to order the deportation of undocumented immigrants. Law enforcement and state agencies would be able to transport migrants to U.S. ports of entry to ensure they leave the country or else face felony charges. The law is set to be implemented July 1.

Attendees at the Des Moines rally chanted “no tengan miedo,” meaning “don’t be afraid.” Others held signs saying “Por la dignidad humana,” or “for human dignity,” as well as signs like “Iowa is not Texas.” The Iowa law is modeled after a 2023 Texas law that similarly making immigration a state crime in an effort to extend enforcement of immigration laws beyond federal enforcement.

The Texas law is being challenged in federal appeals court by the U.S. Department of Justice and civil rights organizations on constitutional laws.

Alison De Luna, a high school senior holding a sign with “I should be worried about college not SF2340” written on it, said that since the law’s first introduction, she and her loved ones have been scared about the potential impacts on her community. Many Latino Iowans, even those who are not undocumented immigrants, are worried the law could lead to discrimination by law enforcement and the larger communities they live in, she said.

“Everything I’m hearing about with my friends at home is, ‘oh, is there any updates on the law? Have you heard anything? What does it mean for my family?'” she said. “Even I can be in danger, me driving, and they can just stop and ask questions, it’s terrifying. And it makes me just worried about what’s going to happen in the state. It’s just really unfair.”

Jessica Rodriguez, a Des Moines mother who attended the event with her children, said she was worried about the bill’s impact on families — potentially splitting up family members on the basis of immigration status. She also said she hopes to see court action against the law in Iowa, or for the measure to be stopped from taking effect.

“I would say, any way for everything to go back to normal,” Rodriguez said. “Because, you see, there is no better city to raise our kids. And we’re working to do that with the same people, with American people, we’re working hard to raise our kids. It’s just a matter of the color of skin, nothing else.”

Escucha Mi Voz, another immigrants advocacy organization organizing events Wednesday, released a statement saying the organization is looking into potential court challenges to the law.

“We are also exploring legal action in the courts and have requested meetings with the U.S. Department of Justice, Iowa Department of Public Safety, and local police chiefs and county sheriffs,” Ninoska Campos, a member of Escucha Mi Voz, said in a news release.

Speaking with reporters earlier Wednesday, Reynolds said making illegal immigration a state crime is the “humanitarian thing to do.”

“When you look at what’s taking place at the southern border, it is a national security issue as well as a humanitarian crisis,” Reynolds said. “These people are being — these women and these children — are being raped, they are being brutalized, they are being trafficked. They are dying, trying to cross a river. So we have a process in place, that’s legal immigration, take a look at that, streamline it or reduce the costs. Or if they’re seeking asylum, there’s a process for that. But that’s not what this administration is doing, and I believe is the humanitarian thing to do to make sure that we’re not putting these individuals at risk by subjecting them to a cartel that is trafficking them, taking advantage of them and make no mistake, they are running the board right now.”

She called for the Biden administration to increase border security and enforcement measures, in addition to saying Congress needs to take action on changes to the U.S. immigration system. President Joe Biden and his administration put together a bipartisan immigration reform package senators earlier in 2024 that was rejected by U.S. House Republicans.

In the absence of action from Biden, Reynolds said, “governors across the country have an obligation to step in and do what we can protect our citizens.”

“I want to send a message that we welcome legal immigration,” Reynolds said. “We are a gracious country when it comes to that. But you know, again, if we are a country without a border and a country without laws, we might as well be a third world country — we are not a country. And it has to stop. It is a national security crisis.”

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