Iowa Attorney General Investigates Sheriff’s Refusal to Comply with ICE Detainers

The Iowa Attorney General, Brenna Bird, has initiated an investigation into whether the sheriff of Winneshiek County, Dan Marx, violated state law by refusing to comply with Immigration and Customs Enforcement (ICE) detainment requests. This move has sparked a significant debate on immigration enforcement and state law compliance.

Sheriff’s Bold Stance Against ICE

In a Facebook post on Tuesday, Sheriff Marx asserted his intent to resist ICE’s actions, claiming he would “make every effort to block, interfere and interrupt” any requests he deems unconstitutional. He emphasized that detainers from ICE are not legitimate warrants but rather mere requests that lack judicial vetting.

“If their actions or paperwork are not within constitutional parameters—such as non-judicially vetted ‘detainers’—which are very different from warrants, we will actively work to halt their operations,” he stated. This strong stance has placed him at odds with state authorities and raised questions about local law enforcement’s role in immigration enforcement.

Understanding ICE Detainers

ICE detainers serve as requests for local law enforcement agencies to hold individuals for up to 48 hours beyond their expected release times. According to the Department of Homeland Security, this holding period allows them to assess whether an individual should be taken into federal custody for potential deportation.

However, many Iowa officials believe that Sheriff Marx has overstepped his authority by not only disregarding directives from Governor Kim Reynolds but also violating a state law enacted in 2018 which mandates compliance with ICE detainer requests.

Governor Reynolds Responds

Governor Reynolds publicly condemned the sheriff’s actions. In a letter, she pointed out that Iowa law explicitly prohibits sheriffs from enacting or enforcing policies that discourage immigration law enforcement. She noted, “Iowa law requires that a sheriff shall not prohibit or discourage a law enforcement officer from assisting or cooperating with a federal immigration officer when reasonable or necessary.”

Legal Implications

The Attorney General has expressed concern over the sheriff’s refusal to comply with state mandates. On Thursday, Bird acknowledged receiving the Governor’s complaint and confirming the commencement of an investigation.

Bird remarked, “Iowa law is clear: counties and cities must comply with Iowa Code Chapter 27A, which specifically requires law enforcement to comply with ICE detainers or risk loss of state funding.” This assertion underlines the potential consequences of non-compliance for local agencies.

Next Steps in the Investigation

As this situation unfolds, the Iowa Attorney General’s office will likely conduct a thorough review of the evidence and may seek to address the legal ramifications of Sheriff Marx’s actions. The investigation represents a critical point of contention in the ongoing dialogue surrounding immigration enforcement at the local level.

A Community Divided

The tension between local law enforcement and federal immigration policy has created a divisive atmosphere within the community. Supporters of Marx argue that his actions protect the rights of individuals and highlight concerns over federal overreach. Conversely, critics assert that adherence to state and federal laws is essential in maintaining order and accountability in law enforcement.

The outcome of this investigation could set a precedent for how local law enforcement agencies interact with federal immigration authorities across Iowa and potentially influence similar cases nationwide.

While the investigation is in its early stages, the implications of its findings could reverberate throughout the state and impact future law enforcement policies.