Stay up to date with notifications from The Independent

Notifications can be managed in browser preferences.

Iowa immigration law remains blocked, US appeals court says, but second lawsuit to be dismissed

A federal appeals court is siding with the Biden administration’s Department of Justice and keeping a temporary block on an Iowa immigration law

Hannah Fingerhut
Friday 24 January 2025 19:22 EST
Iowa Immigration Law Lawsuit
Iowa Immigration Law Lawsuit (Copyright 2024 The Associated Press. All rights reserved)

Your support helps us to tell the story

From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.

At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.

The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.

Your support makes all the difference.

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 federal appeals court said Friday that the temporary block stands, and Iowa cannot enforce the law that 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.

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.

Thank you for registering

Please refresh the page or navigate to another page on the site to be automatically logged inPlease refresh your browser to be logged in