Red state moves to defund county after leader vows to ‘interrupt’ ICE deportations
Iowa Attorney General Brenna Bird is taking legal action to defund an entire county after its leading law enforcement authority, Winneshiek County Sheriff Dan Marx, publicly declared that he would obstruct deportation operations based on ICE detainers, which he deemed unconstitutional. This move by Bird comes in the midst of the Trump administration’s comprehensive efforts to combat illegal immigration and migrant crime in the United States.
Bird, a Republican, asserts that Sheriff Marx’s longstanding refusal to cooperate with ICE detainers has hindered and discouraged collaboration with federal immigration authorities, thereby violating Iowa law. A detainer is a formal request by ICE to other law enforcement agencies to detain an individual suspected of being an illegal alien posing a threat to the community’s safety.
ICE officials have expressed concern that by disregarding detainers, law enforcement agencies are putting their communities at risk by allowing potentially dangerous individuals to be released back onto the streets. Despite this, Sheriff Marx publicly stated on social media that he would not honor ICE detainers, calling them unconstitutional requests from ICE or other federal agencies.
The sheriff claimed that detainers are issued because federal agencies lack sufficient information or have not obtained a valid judicial warrant, thereby violating individuals’ Fourth Amendment rights against warrantless searches, seizures, and arrests, as well as their Sixth Amendment right to due process. Marx emphasized that his stance on not recognizing detainers is based on constitutional standards rather than opinions, politics, or emotions.
In response to Sheriff Marx’s statements, Iowa Governor Kim Reynolds filed a complaint with the attorney general, prompting an investigation that revealed the sheriff’s office had complied with all ICE detainer requests since 2018. However, when Marx refused to issue a correction in accordance with state law, Bird initiated a lawsuit to withhold all state funding from Winneshiek County until the sheriff agrees to comply with federal immigration authorities.
Bird argues that Sheriff Marx’s statements, which she described as containing legal and factual errors that discouraged the enforcement of immigration laws, violated Iowa’s legal code. The lawsuit, filed in the Polk County District Court, cites a section of the code stating that a county shall lose eligibility to receive state funds if it intentionally violates the law.
In a statement regarding the lawsuit, Bird emphasized that sanctuary counties are illegal under Iowa law and reiterated that anyone who impedes immigration enforcement will be held accountable. She expressed that Iowa is not a sanctuary for illegal immigration and emphasized the importance of cooperation with federal immigration authorities to ensure community safety.
The Winneshiek County Sheriff’s Office declined to provide a comment on the pending litigation, and the county auditor did not disclose the potential financial impact of losing state funding. Bird reiterated that her office gave Sheriff Marx the opportunity to rectify the violation of state law and cooperate with immigration enforcement, but his refusal led to the legal action.
As the situation unfolds, Bird remains committed to upholding the law and ensuring that Iowa cooperates with federal immigration authorities to safeguard communities. She highlighted the impact of the Biden-Harris administration’s border policies on states like Iowa and pledged to continue fighting for secure borders, crackdowns on drug trafficking, and reduced crime in the state.
