March 29, 2024

Ensuring safe communities in Iowa

This past week, the Iowa Legislature passed Senate File 481, which would require local authorities to cooperate with federal immigration authorities. Contrary to how this bill has been misrepresented, it does NOT require local law enforcement to do the job of immigration enforcement. Rather it ensures that local law enforcement cooperates with federal officials.

After the terrorist attacks on the United States in 2001, Congress deemed the sharing of intelligence between local, state and federal authorities to be a vital aspect of our nation’s counter-terrorism efforts. We would be outraged, in this post 9/11 environment, if local municipalities adopted ordinances that kept their law enforcement agencies from cooperating with the FBI, U.S. Marshal’s Office, Secret Service or Homeland Security.

So if there is an expectation of local and state law enforcement to cooperate with federal authorities for the good of public safety, why should immigration enforcement be an exception? Can we point to cases where this lack of cooperation has led to public safety being compromised? Sadly, yes!

San Francisco was one of the first in the nation to pass an ordinance that prohibited local officials from cooperating with federal immigration enforcement. Three years ago Kate Steinle, a young San Francisco woman, was shot and killed by illegal immigrant Francisco Sanchez, who had previously been deported from the United States five times. Sanchez admitted that he kept returning to San Francisco because he knew that there would be no effort by the local authorities to turn him over to the feds.

Just last month in Denver, Ivan Zamarripa-Casteneda was released after his involvement in a fatal hit-and-run where he had been driving while intoxicated. The Sheriff’s department failed to notify the U.S. Immigration and Customs Enforcement (ICE) until an hour after he posted a $25,000 bond and left the jail. Zamarripa-Casteneda is wanted by ICE and is still in this country illegally.

Closer to home, a young woman from Council Bluffs, Sarah Root, had her life cut tragically short by a man, Eswin Mejia, who was also in this country illegally. Mejia had several run-ins with law enforcement prior to this tragic event, including twice with the Omaha police. In both instances, he was required to appear in court, but failed to do so in each case.

Bond was set for Mejia at $50,000, but he only needed to post 10 percent in order to gain his release. It cost Sarah Root’s parents more than that to bury their daughter. That was two years ago, and Mejia still has not been brought to justice.

Since that time, certain municipalities in Iowa have provoked this issue by adopting so-called “sanctuary” policies. When local governments adopt policies that turn a blind eye to law breaking, by deliberately failing to cooperate with other law enforcement agencies, they are, by default, encouraging lawlessness. By refusing to cooperate with ICE, there is an increased potential for releasing dangerous criminals back into communities. This flagrant disregard for the rule of law puts the lives of Iowans (citizens and non-citizens alike) at risk.

The Iowa Legislature has responded in a pro-active manner to direct Iowa law enforcement agencies to cooperate with federal immigration authorities, despite what resolutions local municipalities may draft and pass. SF 481 also removes any temptation by any law enforcement officials, in the future, to refuse to cooperate with ICE by suspending funding to that municipality if an infraction occurs.

There has been an inordinate amount of misinformation surrounding SF 481. Contrary to what opponents say, SF 481 only applies to individuals who have been arrested for a serious crime. This legislation does not apply to anyone pulled over by a traffic stop, victims of crime and witnesses to a crime are exempted and immigrants who are in the country legally have nothing to fear from this bill.

Rep. Greg Heartsill, R-Columbia, represents Iowa House District 28, including areas of Jasper, Marion and Lucas counties. Contact him at 641-218-0185 or greg.heartsill@legis.iowa.gov