The U.S. Justice Department has initiated legal proceedings against the State of Iowa, challenging Senate File 2340 (SF 2340) under the Supremacy Clause and Foreign Commerce Clause of the U.S. Constitution. The Constitution assigns the federal government with the responsibility to regulate immigration and manage international borders. Congress, exercising this authority, has established a comprehensive immigration framework that governs noncitizens' entry into and removal from the United States. The Justice Department argues that SF 2340 is preempted by federal law and contravenes the U.S. Constitution, seeking a declaration of its invalidity and an order to preliminarily or permanently enjoin the state from enforcing this law.
Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department's Civil Division, stated, “Iowa cannot disregard the U.S. Constitution and settled Supreme Court precedent.” He added that this action was taken to ensure Iowa adheres to Congress's adopted framework and constitutional regulation of immigration.
According to the complaint, Iowa’s law would introduce a new state crime for unlawful reentry with charges ranging from an aggravated misdemeanor to a felony. Additionally, SF 2340 would mandate state judges to order removal from the United States. The Supreme Court in Arizona v. United States previously confirmed that decisions regarding noncitizens' removal from the United States impact foreign relations and must be made unanimously. SF 2340 is said to hinder the federal government’s ability to enforce entry and removal provisions of federal law and interfere with its conduct of foreign relations.
The lawsuit was filed on behalf of multiple entities within the United States including but not limited to: The Justice Department, Department of Homeland Security, and Department of State.