Recently the United States Court of Appeals for the Eighth Circuit upheld a district court’s decision to block an Iowa state law (SF 2340), ruling that it conflicts with federal law and policy. The law purports to give Iowa the authority to imprison and remove noncitizens who have been previously removed from the country, even if they currently have a right to remain under federal law or policy. In its decision, the Court agreed that Iowa’s attempt to enact its own immigration policy and criminalize the presence of immigrants – including lawful permanent residents or people awaiting action on their applications for relief – was preempted by federal law and authority over matters of immigration.
The Tahirih Justice Center lifted the voices of survivors in an amicus brief submitted to the Court with our co-chair organizations in the Alliance for Immigrant Survivors: ASISTA, API-GBV and Esperanza United. The brief describes the impact that the Iowa law would have on survivors of violence. Tahirih is grateful to the pro bono team from Nixon Peabody LLP for their work on the brief.
The amicus brief shares several examples of the impact SF 2340 could have on survivors, including survivors like Roxanne*, who experienced sexual abuse, torture, and death threats and fled to the U.S after authorities in her home country failed to protect her. Because no one told her she could qualify for asylum based on her persecution, she was quickly detained and deported back to that dangerous situation. Fearing for her life, she entered the United States a second time. Unfortunately, she was revictimized and abused in a new relationship. When a particularly brutal attack left her hospitalized, Roxanne courageously reported her assault to the local police and cooperated with the investigation, qualifying for a U visa and work authorization. After waiting many years, her U visa application was granted, so that she can live in safety. Among other things, Iowa SF 2340 would undermine the intent of Congress in creating the federal U visa program and prevent survivors in fear from escaping abuse and reporting violent crime to the police for fear of deportation or detention.
We celebrate the Court’s decision to uphold the preliminary injunction of SF 2340 and its impact of ensuring that the legal pathways Congress created for immigrant survivors cannot be undone by an individual state.
*Name changed for confidentiality.
