DOJ sues Iowa to block immigration law, as 'reentry' measure faces second legal challenge

The U.S. Department of Justice officially filed suit against Iowa Thursday, arguing that the state's new immigration law criminalizing "illegal reentry" is unconstitutional and should be blocked from going into effect.

In their lawsuit filed in the U.S. District Court for the Southern District of Iowa, the DOJ argues that the new state law — which allows Iowa police to arrest undocumented immigrants who have previously been deported or barred from the U.S. — violates federal law and undermines existing immigration efforts.

The litigation comes a week after a top DOJ official warned state leaders to stop enforcing the law or be brought to court, and hours after civil rights groups filed their own suit seeking to block the law.

The federal rebuke comes on the same day the American Immigration Council, American Civil Liberties Union, and ACLU of Iowa filed the suit on behalf of the Iowa Migrant Movement for Justice against the state for the same law.

"Iowa cannot disregard the U.S. Constitution and settled Supreme Court precedent," said Principal Deputy Assistant Attorney General Brian M. Boynton in a statement. "We have brought this action to ensure that Iowa adheres to the framework adopted by Congress and the Constitution for regulation of immigration."

More:Civil rights groups sue to block Iowa's new 'illegal reentry' immigration law

The lawsuit challenges the law under the supremacy clause and commerce clause in the U.S. Constitution.

"(Iowa)'s efforts, through SF 2340, intrude on the federal government's exclusive authority to regulate the entry and removal of noncitizens, frustrate the United States' immigration operations, and interfere with foreign relations," Boynton and other DOJ officials write in the lawsuit.

Gov. Kim Reynolds and Attorney General Brenna Bird, both Republicans, have signaled they intend to defend the law, which passed the GOP-led Iowa Legislature and was signed into law last month and takes effect July 1.

Iowa's law has spurred harsh opposition from immigration advocates, as well as questions from police and county attorneys who have received no guidance on how to enforce the law or prosecute cases involving it.

The Hawkeye State's law mimics Texas legislation that has been blocked by the courts while a lawsuit challenging its constitutionality is decided. Penalties can range from two to 10 years in prison, and judges can order that a person convicted under the law be deported back to their country of origin.

Galen Bacharier covers the Statehouse & politics for the Register. Reach him at gbacharier@registermedia.com or (573) 219-7440, and follow him on Twitter @galenbacharier.