Iowa House Bill HF2381

Iowa 2023-2024 Regular Session

• Introduced: 2/8/24
• Refer: 2/8/24

Caption

A bill for an act relating to illegal reentry into the state by certain aliens, prohibition on arrest in certain locations, orders to return to a foreign nation, immunity from liability and indemnification for enforcement actions, sentencing restrictions, and providing penalties.

Impact

A significant aspect of HF2381 is its implementation of prohibitions against arresting individuals in certain sensitive locations, such as schools, healthcare facilities, and places of worship. This is aimed at balancing immigration enforcement with community safety and access to essential services, acknowledging the potential fear arrest could instill in individuals accessing these environments. Additionally, the bill mandates the establishment of processes for judges to issue orders requiring individuals to return to their country of origin, which supports legal action following convictions under the new provisions.

Summary

House File 2381 addresses issues surrounding illegal reentry into Iowa by certain aliens and establishes legal provisions related to their arrest, sentencing, and liability for enforcement actions. The bill defines specific offenses associated with entering the state after having been denied entry or deported, categorizing the severity of the offense as an aggravated misdemeanor or varying felonies based on prior convictions or deportation histories. The criminal penalties include imprisonment and fines applicable to those convicted of illegal reentry.

Contention

The bill has prompted discussion regarding the provisions that grant civil immunity and indemnification to local and state officials enforcing its terms. Critics argue that it may shield government officials from accountability for potentially unlawful actions, such as wrongful arrests. The delineation of responsibilities for monitoring and compliance with return orders also stirs debates about the efficiency of enforcement and the potential rise of legal challenges against officials operating within these guidelines. Overall, opposition voices emphasize concerns about racial profiling and the erosion of rights for affected individuals.