DES MOINES, Iowa — A federal appeals court on Friday sided with the Biden administration’s Department of Justice and kept a temporary block on an Iowa law that makes it a state crime for a person to be in Iowa if they are in the U.S. illegally.
But a second order from the 8th Circuit U.S. Court of Appeals raises questions on future court proceedings now that President Donald Trump is in the White House.
The department and an immigrant rights groups sued Iowa in May over the law, which looks similar to Texas and Oklahoma laws that are also on hold while courts consider whether they unconstitutionally usurp federal immigration authority. A district court judge granted the Biden administration and the immigrant rights group a temporary block on the law, and Iowa appealed.
The law would let state and local officials arrest and charge people who have outstanding deportation orders or who previously have been removed from or denied admission to the U.S.
The federal appeals court said that “contrary to Iowa’s belief,” the state law would likely contradict federal officials’ discretion in how to enforce immigration policy and complicate U.S. foreign policy.
But the federal appeals court issued a second decision Friday that might complicate the legal battle in Iowa if Trump’s administration withdraws the Department of Justice’s complaint.
The federal appeals court said that the lawsuit filed by Iowa Migrant Movement for Justice on behalf of its organization and two individuals should be dismissed by the district court judge — because the U.S. v. Iowa lawsuit makes it moot.
“Right now we’re just figuring out what our legal next steps are,” said Veronica Fowler, communications director for the ACLU of Iowa, one of the legal teams representing Iowa Migrant Movement for Justice, “because obviously we are committed to doing everything we can to strike down this really terrible law.”
The Department of Justice did not immediately respond to a request for comment on the future of the lawsuit, which would proceed in the lower court.
Under President Joe Biden, Republican governors and lawmakers across the country accused the president of a failure to enforce federal immigration law and manage the southern border. Most are now lining up to support Trump in his pledge to crack down on illegal immigration and deport many who are living in the U.S. illegally.
A December joint statement from 26 Republican governors, including Iowa Gov. Kim Reynolds, said they “stand ready to utilize every tool at our disposal — whether through state law enforcement or the National Guard — to support President Trump in this vital mission.”
Iowa Attorney General Brenna Bird said in a statement Friday that the “battle is far from over.”
“As President Trump works nationally to fix the mess Biden and (Vice President Kamala) Harris created on the southern border, we will continue fighting in Iowa to defend our laws and keep families safe,” Bird said.