Iowa House Bill HSB703

Iowa 2023-2024 Regular Session

• Introduced: 2/13/24
• Refer: 2/13/24

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.(See HF 2567.)

Impact

The bill enhances the powers of local law enforcement and imposes strict sentencing provisions, which eliminate the possibility of deferred judgments or suspended sentences for those convicted under its terms. Additionally, it mandates that if moneys are required to be spent on enforcement actions, local governments must indemnify their officials and employees against liability claims resulting from actions taken under this new law. This immunity extends to state officials as well, creating an environment where enforcement actions can occur with reduced fear of legal repercussions for officials acting in accordance with the bill's provisions.

Summary

House Study Bill 703 (HSB703) addresses the issue of illegal reentry into the state by certain aliens, instituting various penalties and restrictions. The bill specifically outlines that an alien commits an offense if they enter or attempt to enter Iowa after being denied admission or removed from the U.S. The offenses are categorized as aggravated misdemeanors or felonies, depending on prior convictions or circumstances surrounding the individual. For instance, reentry after two or more misdemeanors related to drugs or personal crimes elevates the offense to a class D felony, while reentry after a felony conviction is classified as a class C felony.

Contention

However, HSB703 is not without controversy. Critics argue that by prohibiting arrests in sensitive locations such as schools and healthcare facilities, the bill might inadvertently hinder effective law enforcement efforts and expose communities to risks associated with unregulated illegal immigration. Further contention arises from the bill's mandate that prosecution cannot be abated based on pending federal immigration status determinations, which could lead to potential conflicts with federal guidelines and create inconsistencies in legal proceedings within the state. This legislative approach raises significant concerns among immigrant advocacy groups, who emphasize the potential for discriminatory enforcement and the chilling effects on community interactions with law enforcement.