Iowa House approves 'sanctuary city' punishment

A measure that would punish so-called sanctuary communities in Iowa took a major step forward Tuesday as lawmakers approved a bill that would cut off state funding to cities and counties that circumvent federal immigration laws.

The Iowa House of Representatives approved Senate File 481 on a 55-45 vote as Latino activists watched from the upstairs visitor galleries, waving miniature U.S. and Iowa flags.

The bill now faces a final vote in the Iowa Senate, where it's expected to be approved.

UPDATE: 'Sanctuary cities' immigration bill passes Iowa Senate, sent to governor

EXPLAINER: What is a sanctuary city?

"This legislation is about the rule of law and the safety of all people — citizens and immigrants alike," said the bill's floor manager, Rep. Steven Holt, R-Denison.

But Democrats said the law would make communities less safe.

"Law enforcement officers and prosecutors will tell you that the way that you keep communities safe and people safe is you build trust between the local community and government and the people that it serves and protects," said Rep. Todd Prichard, D-Charles City.

"This will push people who would otherwise report when they’ve been victimized, report when they see something like a drug deal in their neighborhood. It will push them into the shadows and it will have a chilling effect on community members," he said.

Republican leaders have said the legislation is in response to a policy adopted in Iowa City that says the city will not commit local resources to enforcing federal immigration law, as well as similar policies in cities across the country.

"This issue, in my opinion, has been thrust upon us — provoked, if you will — by local municipalities across this country that for whatever reason have decided to thumb their nose at the rule of law and as a consequence put the lives of citizens and non-citizens at risk," said Rep. Greg Heartsill, R-Chariton.

Officials in Iowa City have stopped short of identifying themselves as a "sanctuary" community, which is often used as a catch-all term to indicate those communities with policies intended to limit their involvement with federal immigration authorities.

But Rep. Marti Anderson, D-Des Moines, said the policy does not meet the definition of sanctuary cities issued by U.S. Attorney General Jeff Sessions.

"There are no sanctuary cities in Iowa," she said.

Republicans said the bill is intended to proactively prevent the types of crimes and circumstances that led to the death of Sarah Root, a 22-year-old Council Bluffs woman who was killed in Omaha in a January 2016 car accident involving an undocumented immigrant.

Eswin G. Mejia, 19, the man accused of driving drunk and causing the crash, was in the U.S. illegally and was charged with motor vehicle homicide. He fled after posting bond and has not been found.

"Who speaks for Sarah Root? Who speaks for others like her?" asked Rep. Jon Jacobsen, R-Council Bluffs, who said Root's family was in attendance Tuesday. "... This is going to save many lives. But to sacrifice innocent Americans on the pyre of political correctness is unjust."

One Democrat, Rep. Charlie McConkey of Council Bluffs, voted in favor of the measure. Five Republicans voted against it. They were Reps. Michael Bergan of Dorchester, Dave Heaton of Mount Pleasant, Megan Jones of Sioux Rapids, Kevin Koester of Ankeny and Gary Worthan of Buena Vista.

Lawmakers debate detainers, effects on schools

The bill addresses "detainer requests" issued by U.S. Immigration and Customs Enforcement.

Those requests ask sheriffs to hold suspected undocumented immigrants for 48 hours beyond the time required by the charges they face. That gives federal officials more time to investigate people's immigration status and pick them up from local authorities if necessary.

Several Iowa county sheriffs previously told the Register they do not comply with those requests out of a fear they cannot legally detain people beyond the time their jail sentence requires.

There have been cases nationally where law enforcement has held American citizens on those requests, who have later sued for a violation of their constitutional rights.

The bill would require state and local law enforcement agencies to comply with those detainer requests.

"An ICE detainer, no matter what form it's written on, is not the same as a warrant," said Rep. Bruce Hunter, D-Des Moines. "This is wrong and goes against the values of our justice system."

Others raised concerns about the bill's effects on schools and students.

A recent analysis from the nonpartisan Legislative Services Agency found that school districts and area education agencies could be considered "local entities" subject to the law's requirements.

More: Proposed 'sanctuary cities' legislation could ensnare Iowa school districts

Holt said he disagrees with the agency's findings and believes school districts would not be affected.

Already, interaction between schools and immigration enforcement is limited, he said.

A 1982 Supreme Court Case, Plyler v. Doe, found that school districts cannot deny a free education to children based on their immigration status. In 2014, the Obama Administration issued guidelines reaffirming that school districts cannot require proof of citizenship for their students.

U.S. Immigration and Customs Enforcement officials also have a policy preventing them from making arrests or conducting interviews at "sensitive locations," such as schools and churches, except in cases with urgent or unusual circumstances.

But Rep. Mary Mascher, D-Iowa City, said school districts should be specifically exempted to avoid future confusion about the law's implications.

"You and I both know that when there’s confusion, there are usually lawsuits," she said.

What's next?

The Iowa Senate approved the bill last year, keeping it alive for debate in the House this year.

With the changes approved by the House Tuesday, the bill goes back to the Senate for final approval before advancing to Gov. Kim Reynolds for her signature.

Reynolds previously has expressed support for addressing sanctuary cities through legislation.

Her campaign team issued a fundraising email in February urging her supporters to "stand with the rule of law" and make a donation to "send a message to far-left liberals in Des Moines and Iowa City" on the issue of sanctuary cities.

What's in the bill