A new Iowa law, set to go into effect July 1, 2024, could cause problems for individuals who were once deported as noncitizens but returned to the U.S. on a legal basis. Per the American Immigration Lawyers Association (AILA) and the Iowa Migrant Movement for Justice, this law might lead to these individuals being removed from the country again. AILA is supporting the nonprofit group’s challenge to this law. According to AILA, the law covers an “exceedingly broad” group of individuals. The law does not consider the individual’s current immigration status, only past actions.

The law, known as S.F. 2340, makes it a crime for noncitizens who were previously removed or denied entry to the U.S. to enter the state of Iowa. If found guilty, these individuals must leave the country. They can challenge the decision through a plea bargain. If they do not leave the country, they could face up to 10 years in prison for committing a Class C felony.

The law does not take into account whether someone has returned to the country with a legal basis. This means even those with green cards, those applying for green cards, or those in the asylum process are at risk. Others affected include DACA recipients, people with protection under the Convention Against Torture, and Special Immigrant Juveniles. The Iowa law makes no exception for subsequent legal status.

The U.S. Department of Justice (DOJ) filed a lawsuit against the state of Iowa, arguing that immigration enforcement is a federal matter, not a state one. The DOJ has requested a hearing, set for June 10, 2024, to address their objections and those of the Migrant Movement.

As always, we actively monitor ongoing news that affects U.S. immigration. If you have questions about your immigration issue, whether employment-based or family-based, contact us. Our team of experienced attorneys work with our clients every step of the way.