The Trump administration should not expect cooperation from the sheriff of Winneshiek County, Iowa, in deporting undocumented immigrants within his jurisdiction.
Dan Marx has made it clear that his department will not cooperate with U.S. Immigration and Customs Enforcement (ICE) if their actions are deemed unconstitutional.
In a statement posted on Facebook, Marx declared that his office would actively prevent ICE from detaining individuals based solely on immigration requests rather than court-approved warrants.
“We will do everything in our power to block, interfere with, and disrupt their actions,” Marx wrote, as reported by Newsweek.
This stance highlights the growing divide among local law enforcement agencies regarding immigration enforcement.
Some counties willingly collaborate with ICE, while others, like Winneshiek County, oppose federal intervention on constitutional grounds.
Legal Implications and State Response
According to Newsweek, constitutional authority has become a key factor in how local law enforcement interacts with federal immigration agencies. Legal battles are likely to arise to clarify the extent of the federal government’s power to detain individuals under sheriff jurisdiction.
An ICE detainer is issued when the agency seeks custody of an undocumented immigrant or someone who has violated visa conditions after being arrested for another alleged offense. Sheriff Marx argues that these requests lack judicial oversight and could lead to unconstitutional detentions.
“Detainers are simply an unconstitutional request from ICE or other federal agencies to arrest or detain someone,” Marx explained in his Facebook post, cited by Newsweek.
This position has prompted a reaction from Iowa state authorities.
On Wednesday, Governor Kim Reynolds’ office sent a letter to Marx and the Winneshiek County Board of Supervisors, reminding them that Iowa law requires compliance with federal immigration enforcement measures.
The letter warned that local agencies refusing to cooperate with ICE could face funding cuts, Newsweek reports.
A spokesperson for Senator Joni Ernst also weighed in, emphasizing that “Governor Reynolds has already stated that state law mandates compliance with ICE enforcement of immigration laws,” according to Newsweek.
Iowa is home to approximately 37,000 undocumented immigrants, representing 1.6% of the state’s total population, according to Newsweek.
A Nationwide Debate on Immigration Law Enforcement
Sheriff Marx’s position reflects a broader national debate on how immigration laws should be enforced at the local level. While some jurisdictions prioritize strict federal immigration policies, others focus on protecting constitutional rights and individual liberties.
In contrast to Winneshiek County’s stance, Nassau County, New York, has decided to increase its cooperation with ICE. Republican County Executive Bruce Blakeman announced that ten county police inspectors would be granted the same powers as federal immigration agents to detain undocumented immigrants accused of other offenses.
“Nassau County is the safest in America because our leaders do not let politics interfere with the work of local law enforcement and their federal partners in enforcing the law and ensuring the safety of our residents,” said State Senator Steven Rhoads, as reported by Newsweek.
Marx Stands Firm Despite Pressure
Despite criticism from both sides, Sheriff Marx insists that his primary duty is to protect the citizens of his district and uphold the Constitution.
“Our sole oath and allegiance are to the Constitution and the protection of individual rights,” he stated in his declaration, cited by Newsweek.
He added that his department would only assist ICE if its actions were backed by proper judicial warrants.
With Governor Reynolds warning of potential budget cuts, it remains to be seen whether Winneshiek County will reconsider its approach or stand firm against ICE detention requests.
Winneshiek is one of Iowa’s counties with the highest number of immigrants, many of whom are undocumented.