DES MOINES, Iowa (AP) — Iowa’s Republican attorney general is suing a county sheriff over his Facebook post saying his department doesn’t always need to detain people at the request of federal immigration authorities.
The lawsuit filed late Wednesday jeopardizes state funding to the county in northeast Iowa, home to about 20,000 residents, and comes amid President Donald Trump ’s campaign of mass deportations.
The state attorney general’s investigation showed the sheriff’s office has responded appropriately to each of the nearly two dozen requests by U.S. Immigration and Customs Enforcement since 2018 to hold someone suspected of immigration violations. However, the suit alleges the sheriff violated Iowa law because his Facebook post discouraged cooperation with federal immigration officers.
Winneshiek County Sheriff Dan Marx’s post was deleted Thursday afternoon, hours after the lawsuit was filed late Wednesday. Attorney General Brenna Bird said in a statement Thursday that Marx refused to meet the deadline given to remedy the issue.
Marx, a Republican, 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.
The attorney general’s lawsuit says some of the claims Marx made in his post were knowingly wrong. Those claims “impeded and discouraged cooperation with federal immigration authorities,” which is against the law in Iowa.
Iowa’s Republican lawmakers and governor advanced a law in 2018 to ensure cities and counties fully comply with federal immigration law, prohibiting “ sanctuary cities ” that generally limit cooperation with immigration authorities. There is a renewed push in states across the country to support Trump’s immigration efforts, including legislative proposals to increase fines or other penalties for local officials that violate such laws.
Marx and County Attorney Andrew Van Der Maaten did not immediately respond to emails seeking comment Thursday on the court filing.
A new Facebook post Thursday from the sheriff’s office said they deleted the February post “to demonstrate good faith,” but that they “disagree with the Attorney General’s conclusion” that the original post broke the law.
Still, the sheriff’s office reiterated its “commitment to remain in compliance with State and Federal immigration laws while staying true to the Constitutional protections afforded the citizens of Winneshiek County.”
That new statement did not satisfy the attorney general’s requirements for Marx to remedy his violation of Iowa law, spokesperson Alyssa Broulliet told The Associated Press. Marx had been informed Wednesday morning of the 5 p.m. deadline, the attorney general’s office said.
The Trump administration has also begun taking legal action against governments that have adopted policies inhibiting ICE arrests and deportations. The Department of Justice has sued Illinois, Chicago and Cook County, alleging they are violating federal law by not cooperating with immigration authorities.
Marx’s February post echoed critiques of so-called ICE “detainer” requests that ask local or state enforcement agencies to hold individuals until they can be taken into custody by federal authorities. Marx said those requests often clash with the Fourth Amendment of the U.S. Constitution, 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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