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4w ago

Iowa Sheriff Faces Legal Threats Over Refusal to Fully Comply with ICE Detainer Law

Attorney General Brenna Bird accuses Sheriff Dan Marx of violating state law and threatens enforcement action, including loss of state funding, as Marx resists issuing a mandated public statement.

FILE - Iowa Attorney General Brenna Bird, center, accompanied by Sen. J.D. Vance, R-Ohio, left, Sen. Tommy Tuberville, R-Ala., second left, Rep. Nicole Malliotakis, R-N.Y., right, and Alabama Attorney General Steve Marshall, speaks at a news conference across the street from the Manhattan criminal court, Monday, May 13, 2024, in New York. (AP Photo/Stefan Jeremiah, File)
Immigration and Customs Enforcement (ICE), officers arrest an undocumented Mexican immigrant during a raid in the Bushwick neighborhood of Brooklyn on April 11, 2018 in New York City.
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Overview

  • Attorney General Brenna Bird has accused Sheriff Dan Marx of violating Iowa Code Chapter 27A, which mandates local law enforcement compliance with ICE detainer requests.
  • Sheriff Marx has refused to issue a public statement clarifying his compliance with ICE detainers, as demanded by Bird by a March 26 deadline.
  • Bird claims Marx's February Facebook post, which stated his office would not honor ICE detainers without judicial approval, discourages cooperation with federal immigration authorities.
  • Governor Kim Reynolds warned that noncompliance with the state’s immigration enforcement law could result in Winneshiek County losing all state funding.
  • Marx asserts his office has complied with all 21 ICE detainer requests since 2018 but argues that detainers not approved by courts may violate constitutional protections.