Iowa Attorney General to End Lawsuit Against a Sheriff Over His Immigration Post
Attorney General Brenna Bird sued Winneshiek County Sheriff Dan Marx in March over his Facebook post saying his department doesn't always need to detain people at the request of federal immigration authorities. Bird sued even though Marx deleted the post and an investigation from her office showed that Marx fully complied with each of the nearly two dozen requests he had received from US Immigration and Customs Enforcement to hold someone suspected of immigration violations. Marx had declined to post a conciliatory message the attorney general's office had scripted. Bird alleged the original post violated state law by impeding and discouraging cooperation with federal immigration officers. The lawsuit jeopardized state funding to the county.
As President Donald Trump took office and initiated his campaign of mass deportations, Marx told constituents on Feb. 4 that he shares 'some of their mistrust and many of your concerns with the legitimacy of how these federal agents conduct business' and that 'requests to hold individuals without a court order are violations of constitutional rights.' At the same time, there was a legislative push in states across the country to support Trump's immigration efforts and curtail 'sanctuary cities' that generally limit cooperation with immigration authorities. The Trump administration had also begun taking legal action against governments that have adopted policies inhibiting ICE arrests and deportations.
Marx said in a statement Friday that he met with Bird in person and explained it was 'never my intent to discourage immigration enforcement.' Marx also thanked his constituents for their patience and 'outpouring of support through this situation,' he said. When Bird visited the county Monday, dozens of people showed up to support Marx and criticize the lawsuit as a 'bullying tactic,' television station KGAN reported. Bird said Friday she intended to dismiss the case because the county has now fully complied. 'Winneshiek County and Sheriff Marx are in compliance with 27A,' she said in a statement referencing the chapter in Iowa code that ensures cities and counties fully comply with federal immigration law. 'They have committed to continue to honor ICE detainers and cooperate with federal immigration authorities.'
Marx's February post echoed critiques of what are known as ICE detainer requests that ask local or state law enforcement agencies to hold individuals until they can be taken into custody by federal authorities. Marx said those requests often clash with the Constitution's Fourth Amendment, which bars against unreasonable searches and seizures of individuals without a warrant based on probable cause. 'If federal agents' actions or paperwork are not within constitutional parameters,' he wrote, 'then we will make every effort to block, interfere, and interrupt their actions from moving forward.'
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