Iowa Sheriff, Minnesota AG Reject ICE Detainers, Citing Constitutional Concerns

Sheriff Dan Marx of Winneshiek County, Iowa, has announced his refusal to comply with Immigration and Customs Enforcement (ICE) detainers, labeling them as unconstitutional requests that lack judicial vetting. Marx stated that his department will only cooperate with ICE if they present properly authorized paperwork, leading to tensions with Iowa Governor Kim Reynolds, who reminded him of his obligation to uphold state immigration laws. Meanwhile, Minnesota Attorney General Keith Ellison issued a legal opinion declaring that state law does not allow local law enforcement to hold individuals based solely on ICE detainers, which are considered civil, not criminal, procedures. Ellison emphasized that this practice could violate individuals' Fourth Amendment rights, as continued detention without proper authority constitutes an unlawful arrest. This legal stance in Minnesota aligns with a growing trend among local jurisdictions questioning the legitimacy and cost of holding detainees for federal immigration authorities. The developments in both states highlight ongoing national debates surrounding immigration enforcement and local law compliance.