Iowa immigrants fear law’s impact
Critics: ‘Illegal reentry’ will mean racial profiling
WATERLOO, Iowa – Memories of his own escape flooded back as the Rev. Nils Hernandez heard that a bill aimed at making illegal immigration a state crime was signed into law.
Sitting in a pew at Queen of Peace Catholic Church where he is pastor, Hernandez rehashed his journey into exile more than 30 years ago – a move that forced him to leave behind his life and family in Nicaragua with no return date guaranteed. In March 1987, Hernandez was 19 years old and a seminary student in Matagalpa when he led his classmates in a strike against the Nicaraguan government and soon faced threats for his participation.
He said his life and the safety of his loved ones were on the line as he joined thousands of Nicaraguans in fleeing the country to find refuge. He said he first turned to Guatemala before heading for the United States.
It’s a story he says he’s told many times before but one that’s still tough to remember – especially as Iowa lawmakers continue to crack down on immigration policies and target a population he considers crucial to the state’s economy and workforce.
“I feel the pain and the concerns that my brothers and sisters have,” said Hernandez, whose pathway to citizenship was long, rocky and at times uncertain. He spoke about being denied political asylum, facing deportation and then returning to the U.S. after being granted a religious visa.
Hernandez, who eventually became a U.S. citizen in 2001 and has lived in Iowa for 30 years, said he knows exactly how stressful the process can be, the risk of being caught and living in what can feel like isolation.
Hernandez, who joined the hundreds of immigrants, activists and supporters in a protest march against the new law on May 1, said he and many others are scared of the new “illegal reentry” law and the impact it will have on people of color across the state. They say it comes at a time of heightened anti-immigrant rhetoric and promotes racial profiling in communities that are already susceptible to the discriminatory practice and fearful of law enforcement agents.
One community organizer, Gabriel Saldaña, said he wasn’t surprised the proposed bill became law. Saldaña, who works for the Iowa Migrant Movement for Justice in Des Moines, said lawmakers have passed legislation in recent years targeting other marginalized groups’ rights and access to resources, education and programs.
“We’ve seen attacks on public libraries, the AEA disability community, the trans community,” Saldaña said. “They’re going after unions and workers. We know the anti-immigrant hysteria is really high right now,” with it being a presidential election year.
“If you’re not at the table, you’re on the menu.”
At a Capitol rally held May 1 in Des Moines, high school student Alison De Luna was huddled under a canopy with a sign that read, “I should be worried about college not SF 2340,” the state Senate bill that Iowa Gov. Kim Reynolds signed into law last month.
Other families around her held up American flags and colorful posters featuring the phrase “por la dignidad humana” – “for human dignity” in English – in bright red.
Like Hernandez, De Luna, who attended the event to show support for Latino families like hers, said many Iowa immigrants have rebuilt their lives here from scratch. They are scattered across various industries such as agriculture, business and construction. Many of them own stores that are vital to their neighborhoods, and the new law threatens their livelihoods, she said.
Escucha Mi Voz, Latinx Immigrants of Iowa and Iowa City Catholic Worker held the rallies in four Iowa cities on May 1, which is known as May Day and celebrates workers’ rights.
SF 2340 makes it a state crime for someone to be in Iowa if they have been previously deported, removed or denied admission to the United States. Those arrested face felony charges carrying prison sentences of up to five or 10 years. The law also allows state courts to deport individuals convicted of what it calls “illegal reentry.”
“The Biden administration has failed to enforce our nation’s immigration laws, putting the protection and safety of Iowans at risk,” Reynolds said in a statement. “Those who come into our country illegally have broken the law, yet Biden refuses to deport them. This bill gives Iowa law enforcement the power to do what he is unwilling to do: enforce immigration laws already on the books.”
The U.S. Department of Justice filed suit against Iowa on Thursday, arguing that the new immigration law is unconstitutional and should be blocked from going into effect.
Civil rights groups also have sued to block the law. The American Immigration Council, American Civil Liberties Union and ACLU of Iowa sued on behalf of Iowa Migrant Movement for Justice. The groups are requesting an injunction before the law takes effect July 1.
The law is similar to one in Texas, which is testing the limits of what states can do to control immigration and has been blocked by the courts while a lawsuit challenging its constitutionality is decided.
Rogelio Rodriguez, of Lutheran Services of Iowa, and Allison McCarthy, of the Drake Legal Clinic, said many of their clients have expressed fear in the wake of the new law. They said it makes their clients feel unwelcome and that the law’s vagueness adds another layer of anxiety.
“It discourages them from just living normal lives,” said McCarthy, director of the legal clinic’s refugee services and a Drake University law professor. “It discourages them from interacting with local law enforcement when they might really need help or assistance for safety reasons. The climate that’s perpetuated by this law is just one that is so divisive and so harmful for people.”
Contributing: Stephen Gruber-Miller and Galen Bacharier, Des Moines Register; Lauren Villagran, USA TODAY
“We know the anti-immigrant hysteria is really high right now.”
With Iowa Migrant Movement for Justice