Iowa
Iowa ‘illegal reentry’ law remains blocked, but 8th Circuit questions injunction’s breadth
A federal judge did not err when finding an Iowa immigration enforcement law likely unconstitutional, a federal appellate court ruled.
But it is sending the case back to determine whether the state should nonetheless be allowed to enforce the law in some cases.
The Eighth U.S. Circuit Court of Appeals’ Oct. 23 decision upholds an injunction blocking Iowa from enforcing Senate File 2340, which Gov. Kim Reynolds signed in April 2024 to make “illegal reentry” a crime under state law.
In a lawsuit bought by the Iowa Migrant Movement for Justice, Judge Stephen Locher ruled last year that immigration enforcement is explicitly a federal responsibility and Iowa’s law is invalid under the U.S. Constitution.
“As a matter of politics, the new legislation might be defensible,” Locher wrote in June 2024. “As a matter of constitutional law, it is not.”
Thursday’s decision is technically the second time the 8th Circuit has ruled against the law.
Originally, Iowa was sued twice: by Migrant Movement for Justice and the Biden Administration. Locher granted injunctions in both cases, and in January, the 8th Circuit affirmed his ruling in the DOJ lawsuit and dismissed the second injunction as duplicative.
Shortly after, though, the Trump administration dismissed the federal government’s challenge, and the court agreed to rehear and rule on the injunction in the Migrant Movement for Justice case.
What did Iowa’s immigration law do?
Under the 2024 law, entering or residing in Iowa after being deported from or denied entry to the U.S. or failing to depart when ordered became a state offense. It followed a similar law Texas adopted, both of which have since been blocked by courts.
The Iowa law also required judges to order anyone convicted under the law to return to their country of origin.
In his order blocking the law, Locher identified several problems: Most glaringly, a 2012 U.S. Supreme Court decision found that state-level immigration laws interfere with and are preempted by federal immigration enforcement.
In the case of Iowa, Locher noted, having state judges order people to leave the country bypasses the extensive and often case- and country-specific federal system to decide when, how, and to where a person can be deported.
“This creates an untenable dichotomy between federal and state law in an area where the Supreme Court has recognized that the United States must speak with a single, harmonious voice,” Locher wrote.
The law also does not make any exceptions for people with current legal resident status. That’s a problem for several of the plaintiffs in the Migrant Movement case, who at one time were deported or denied entry but later were able to obtain legal residency.
While Attorney General Brenna Bird said she did not intend to enforce the law against legal residents, Locher noted county prosecutors would not be bound by her statement.
8th Circuit finds law likely unconstitutional
In it’s ruling Thursday, the 8th Circuit once again upheld Locher’s reasoning.
Judge Duane Benton wrote for the court that Iowa’s law intrudes into federal immigration authority even further than the Arizona law struck down by the U.S. Supreme Court in 2012.
Allowing state officials not only to detain people for suspected immigration violations, but to order them removed from the country, with a potential prison sentence of 10 years, greatly exceeds the state’s powers under the U.S. Constitution, the court found.
The court rejected Iowa’s arguments in defense of the law, finding that many ran contrary to the plain text of the statute.
For example, where Bird argued the law only required the state to deliver aliens to a “port of entry” — namely, the Des Moines airport — and would have no effect outside the state’s borders, the appeals court noted the law requires migrants to leave the entire country, not just the state, under penalty of prison.
“Any enforcement of the act would likely conflict with federal law by interfering with the enforcement discretion that federal law gives to federal officers,” Benton wrote. “(Plaintiffs) have clearly shown that their facial challenge is likely to succeed on the merits because every application of the Act stands as an obstacle to the accomplishment and execution of the full purposes and objectives of Congress.”
Yes, but: to whom does the injunction apply?
Locher’s injunction blocked any state agent, including county prosecutors, from enforcing the law against anyone. That may be too broad, the appellate court says.
In a June 2025 case against Donald Trump, the U.S. Supreme Court significantly limited the use of “universal injunctions” that apply beyond the parties in a particular case.
In light of that ruling, the 8th Circuit is directing Locher to consider whether he has authority to block enforcement by all state officers, as opposed to just those named in the lawsuit, and whether the law can be enforced against individuals who are not members of Iowa Migrant Movement for Justice.
Regardless of how the injunction may be modified, the lawsuit is likely to continue.
Locher’s June 2024 order put in place a preliminary injunction, blocking the state from enforcing the law while the case progressed. Barring further appeals, Thursday’s appellate decision means the case will continue before Locher for further proceedings before the court could potentially make its injunction permanent.
William Morris covers courts for the Des Moines Register. He can be contacted at wrmorris2@registermedia.com or 715-573-8166.
How much rain does Des Moines get? See the 5 wettest days on record
Wondering how the rainfall total compares? Here are the five wettest days on record for Des Moines, Iowa.
Drought conditions in Iowa improved for a second consecutive week, though areas of moderate drought expanded in parts of the state.
The U.S. Drought Monitor offers a state-by-state tracking of drought conditions nationwide. New maps and forecasts are released each Thursday. What are the current drought conditions in Iowa?
U.S. Drought Monitor map: How much of Iowa is in a drought?
The latest Drought Monitor report, released on Thursday, June 18, showed about 46% of Iowa experiencing some form of drought. This continues the streak of conditions improving week to week in Iowa. The previous report, released on June 11, showed that 63% of the state was experiencing some form of drought.
The most recent report reflects conditions as of 8 a.m. June 16, right as storms were sweeping through Iowa, with parts of eastern Iowa seeing more than 2 inches of rainfall. Light rainfall on June 17 led to areas like Iowa City and Burlington reporting around an inch of rain.
Here is the breakdown of current drought conditions in Iowa:
- 61% of the state of Iowa is experiencing no drought conditions
- 39% of Iowa is experiencing abnormally dry conditions
- 7% of Iowa is experiencing moderate drought conditions
- 0% of Iowa is experiencing severe drought conditions
Even though drought conditions have improved overall in Iowa, the area experiencing moderate drought increased from the week of June 11, particularly in northern Iowa. Much of Cerro Gordo, Hancock and Kossuth counties are under D1 conditions, with nearby Palo Alto, Winnebago, Floyd and Mitchell also in moderate drought.
Pockets of moderate drought also persist along the northwest edge of Iowa in Lyon, Sioux and Plymouth counties. In eastern Iowa, Jackson, Clinton and Scott counties saw their moderate drought status ease week to week.
Most of the U.S. is facing drought conditions
About 73% of the U.S. is experiencing some level of drought, a 2-percentage-point improvement from the prior week. Some of the most intense drought conditions are in the southeast and the mountain west.
Iowa Drought Monitor tracks conditions weekly
The U.S. Drought Monitor offers a state-by-state tracking of drought conditions nationwide. New maps and forecasts are released each Thursday.
The intensity levels range from abnormally dry, or D0, to exceptional drought, or D4.
Typically with D0 conditions, corn can show drought stress. Pond levels start to decline under moderate drought conditions and soybeans abort pods, according to the Drought Monitor. The Drought Monitor also has a look-back chart that compares drought conditions from 3 months ago up to 1 year ago.
Cooper Worth is a service/trending reporter for the Des Moines Register. Reach him at cworth@gannett.com or follow him on X @CooperAWorth.
Confirmed tornadoes were reported in Illinois and Iowa Wednesday night as severe weather descended on a large swath of the Midwest.
According to the National Weather Service, a confirmed tornado was reported near the small northeast Iowa community of Harpers Ferry at 5:10 p.m., while a second confirmed tornado rolled through Charleston in central Illinois at about 6:40 p.m. local time.
Both tornadoes were flagged by the weather service as a “particularly dangerous situation,” a rare designation used by the weather service for environments in which “strong and violent tornadoes” are possible.
Photos and videos obtained by CBS News showed extensive damage in Charleston, with downed trees and power lines. Hail that measured 2.75 inches was also reported in the Charleston area, according to the weather service.
“There are a large number of trees blocking roadways throughout Charleston at this time,” Charleston police said in a Facebook post. “Unless it is an absolute emergency, do not drive or attempt to go anywhere.”
The city of Charleston later declared a local state of emergency.
One cell phone video captured the terrifying moments what appeared to be a large tornado tore through Effingham, Illinois, located about 40 miles southwest of Charleston.
Larry Thies, coordinator for the Effingham Emergency Management Agency, told CBS News that initial information indicated damaged buildings, trailers, and downed power lines and trees. He said officials were working to set up an emergency operations center, but were facing challenges because internet was down in the area.
The extent of the damage to region was still unclear. There was no immediate word of injuries or fatalities. CBS News senior meteorologist Rob Marciano said there were at least seven reported tornadoes during the weather event.
According to utility tracker PowerOutage.us, at least 55,000 customers were without power in Illinois.
Earlier Wednesday, Marciano reported that more than 125 million Americans were facing severe weather advisories, including the Gulf Coast states, which were under flood alerts due to Tropical Storm Arthur. Speaking on “CBS Evening News,” Marciano said such ripe tornado conditions were rare for June.
“This is unique for June, this is unusual to have such a strong jet stream just screaming across the country, then you’ve got the summertime tropical moisture coming in…and then some cold air coming in,” Marciano said. “And winds coming at different direction, at different levels, creating that spin. So what that equates to is really the high probability of seeing, not just tornadoes, but intense tornadoes of EF2 strength or higher on the ground for a long time. And also damaging winds at 75 mph or higher, and of course big time hail.”
When is Juneteenth and how is the holiday celebrated
Juneteenth is coming up. Here is what the holiday is about and how it’s celebrated.
It is a busy weekend in Iowa City as summer officially begins on Sunday. From Iowa City Pride and Juneteenth celebrations, there is no shortage of activity happening around town.
Here are four events to check out.
Enter the whimsical world of ‘A Midsummer Night’s Dream’ at Lower City Park
Thursday to Sunday: Riverside Theatre’s summer tradition, Shakespeare in the Park, has returned to Lower City Park. Catch a free performance of William Shakespeare’s iconic comedy, “A Midsummer Night’s Dream,” that follows the chaotic events of four entangled lovers and a troupe of actors wandering into a mystical forest. All of the free shows through the weekend start at 7:30 p.m.
Celebrate Juneteenth with live entertainment and community
Friday: The Black Voices Project and Dream City are teaming up to host the community-wide Juneteenth Celebration. At 1 p.m. Friday, June 19, at the South District Market Parking lot, enjoy live music from Kevin Burt, along with community presentations, activities for all ages, and a fashion showcase.
Show your pride at Iowa City Pride events
Saturday: Iowa City Pride is back for the 56th year. Principal events, the Pride Parade and Pride Festival, will start at noon on Saturday, June 20. The festival will be on the Ped Mall, and the parade will begin at College Green Park, working its way downtown along Iowa Avenue and East Washington Street. The festival runs from 12 to 9 p.m.
Catch a romantic comedy under the stars at FilmScene in the Park
Saturday: FilmScene in the Park returns at 9:15 p.m., Saturday, June 20, with a screening of the cult classic “13 Going on 30″ at Chauncey Swan Park. Seating is on a first-come, first-served basis. Concessions, including beer and wine, will be available 30 minutes before the film begins.
Jessica Rish is an entertainment, dining and education reporter for the Iowa City Press-Citizen. She can be reached at JRish@press-citizen.com or on X, formerly known as Twitter, at @rishjessica_
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