Federal Appeals Court Upholds Block on Iowa’s Unconstitutional Anti-Immigrant Law

Ruling Protects Families and Upholds Constitutional Limits on State Power 

Oct 23, 2025, WASHINGTON DC — In a sweeping victory for immigrant communities and the rule of law, the U.S. Court of Appeals for the Eighth Circuit today upheld an injunction blocking Iowa’s SF 2340. This law, Iowa’s worst-ever on immigration, would have made it a crime for certain immigrants to live in Iowa, even if they are now authorized to be in the United States. 

The law would also have allowed local officials to handle arrests and deportations. This is something that they do not have power to do under the Constitution, as immigration law is handled by federal authorities in order to ensure one consistent national policy, not a patchwork of 50 different state rules that could separate families and create chaos.

“This is a tremendous relief for thousands of Iowa families,” said Erica Johnson, founding executive director of Iowa Migrant Movement for Justice (Iowa MMJ), the organization that brought the lawsuit. “The court’s decision confirms that key members of our community should never have been criminalized simply for being here and living their lives in peace. This ruling restores a sense of safety and dignity to people who call Iowa home.”

The lawsuit, Iowa Migrant Movement for Justice v. Bird, was brought by Iowa MMJ and two individual plaintiffs, represented by the ACLU of Iowa, the ACLU Immigrant Rights’ Project, and the American Immigration Council. 

SF 2340 would have made it a crime for non-citizens who had ever been deported or denied entry to the United States to live in Iowa, even if they later received lawful status or federal permission to return. The law would also empower state and local law enforcement to arrest people for their mere presence in the state, and would require state judges to issue deportation orders. Under the Constitution, these powers belong only to the federal government, to ensure that families aren’t torn apart by conflicting rules across state lines.

“SF2340 is the worst anti-immigrant law in Iowa’s history. Today’s ruling keeps SF2340 blocked and protects immigrants in Iowa from many serious harms: arrest, detention, deportation, family separation, and incarceration, all by the state. At a time when the federal government is causing so much harm to families, it’s all the more important that the state is not permitted to make things even worse. The Court reaffirmed that the Iowa legislature does not have authority to pass its own immigration laws to detain and deport people,” said Rita Bettis Austen, legal director of the ACLU of Iowa. “Immigration enforcement is a federal responsibility, and this decision protects families and ensures that our laws are applied fairly and consistently.”

The law was originally enacted on April 10, 2024 and blocked from going into effect on June 17, 2024; the state of Iowa then appealed the decision. (Review more documents in the ongoing legal case here). Due to this most recent Eighth Circuit ruling, the law will remain blocked for now as the case continues in federal court.

“The Eighth Circuit’s decision resonates far beyond Iowa,” said Emma Winger, deputy legal director at the American Immigration Council. “Across the country, we’re seeing states attempt to take immigration enforcement into their own hands. This could create a reality in which a person could be welcomed in one state and arrested in the next, just for crossing a border. Under our Constitution, immigration has to be handled at a federal level so families aren’t trapped in chaos. This ruling upholds that principle.” 

“Today the Eighth Circuit reiterated what the Supreme Court has said for over a hundred years: States have no business regulating immigration on their own,” said Spencer Amdur, senior staff attorney at the ACLU’s national immigrants’ rights project. “This law would have torn families apart and denied people their right to live in this country and seek legal protections. The court was right to strike it down, just like courts have done for other laws like this around the country.”

See past documents in the lawsuit here. 

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National Immigrant Rights Organizations Sue the Federal Government Over Withheld Records on ICE Arrests in Immigration Courts

Washington, D.C, October 15 — Today, LatinoJustice PRLDEF, the American Immigration Council, and Democracy Forward filed a lawsuit in the U.S. District Court for the Southern District of New York, demanding the release of critical records the government has unlawfully withheld about arrests at immigration courts and the dismissal of immigration cases.  

Read the lawsuit filing here.

Since May 20, 2025, U.S. Immigration and Customs Enforcement (ICE), the U.S Department of Homeland Security (DHS), U.S Department of Justice (DOJ) and Executive Office for Immigration Review (EOIR), have been taking part in a coordinated effort to detain noncitizens appearing for hearings in immigration courts nationwide.  

Arresting people who voluntarily show up for their immigration court dates in search of protection is a deeply problematic practice. Immigration courts are not criminal courts and are supposed to be places that guarantee fair hearings, not act as pipelines into detention. When those who show up seeking a fair day in court are instead arrested, it undermines core tenets of our democracy, discourages people from pursuing their legal rights, and inflicts serious human costs.   

Additionally, ICE attorneys have been asking immigration judges to dismiss cases and shift people into expedited removal, a fast-track process with fewer due process protections and no path to permanent residence. The EOIR, the agency which runs the immigration courts, has directed immigration judges to grant these dismissals on the spot, even though this violates agency policy and long-standing practice. 

Seeking to better understand how and why arrests at immigration courts are taking place, LatinoJustice and the American Immigration Council filed a total of 11 Freedom of Information Act (FOIA) requests, six with the EOIR and five with ICE on July 28 and 29, 2025. The requests seek basic information about arrests and dismissals around immigration courts, and communications between and within the agencies coordinating these activities. LatinoJustice and the Council also asked for these requests to be handled quickly through expedited processing.     

Yet to date, the government has failed to provide timely and adequate responses to ten of these FOIA requests, in violation of the law. The EOIR has declared that it cannot find any guidance it issued to immigration judges about dismissing cases and courthouse arrests, even though a copy of applicable guidance has been leaked to the public. The EOIR has also refused to even search for records about the extent of its coordination with ICE, while ICE has ignored or delayed the processing of all the requests to it.  

“Our FOIA requests seek to shine a light on how ICE operates in immigration courts, where families are fighting to keep their families together and for their future,” said Rex Chen, supervising counsel for Immigrant Rights at LatinoJustice PRLDEF. “Instead of transparency, they have chosen secrecy, stonewalling or have provided inadequate responses to our request. It is unacceptable to prolong this urgent matter.” 

“Families’ futures are on the line. That’s why we need to better understand how these arrests at immigration courts are being carried out, and the degree to which supposedly independent and neutral agencies like the EOIR are pushing a mass deportation agenda. The public has a right to know what the EOIR and ICE are doing behind closed doors,” said Chris Opila, staff attorney for transparency at the American Immigration Council.

Read the lawsuit filing here.

“The public has a right to know when our government rewrites the rules to make mass arrests and deny people of due process — especially inside the very courtrooms meant to deliver justice,” said Skye Perryman, president and CEO of Democracy Forward, which is separately litigating to challenge these arrests. “The administration cannot hide guidance that turns immigration courts into traps and accelerates deportations without fair hearings. We will not allow these agencies to operate in the shadows. Transparency is the first safeguard against abuse of power, and we’re in court to demand accountability.” 

The lawsuit seeks to compel the four agencies to comply fully with FOIA and turn over all the documents responsive to 7 of the requests. It also demands the expedited disclosure of guidance directives and correspondence between ICE and the EOIR.  

About LatinoJustice  
LatinoJustice PRLDEF works to create a more just society by using and challenging the rule of law to secure transformative, equitable and accessible justice, by empowering our community and by fostering leadership through advocacy and education. For over 50 years, LatinoJustice PRLDEF has acted as an advocate against injustices throughout the country. To learn more about LatinoJustice, visit www.LatinoJustice.org  

About Democracy Forward Foundation 

Democracy Forward Foundation is a national legal organization that advances democracy and social progress through litigation, policy, public education, and regulatory engagement. For more information, please visit www.democracyforward.org  

About the American Immigration Council 

The American Immigration Council works to strengthen America by shaping how America thinks about and acts towards immigrants and immigration and by working toward a more fair and just immigration system that opens its doors to those in need of protection and unleashes the energy and skills that immigrants bring. The Council brings together problem solvers and employs four coordinated approaches to advance change—litigation, research, legislative and administrative advocacy, and communications. In January 2022, the Council and New American Economy merged to combine a broad suite of advocacy tools to better expand and protect the rights of immigrants, more fully ensure immigrants’ ability to succeed economically, and help make the communities they settle in more welcoming. Follow the latest Council news and information on BlueSky @immcouncil.org and Instagram at @immcouncil. 

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Legal Groups File Emergency Motion to Stop ICE from Jailing Immigrant Teens in Adult Detention

Washington, D.C, October 4 — Advocacy groups the American Immigration Council and the National Immigrant Justice Center (NIJC) filed an emergency motion on October 4, seeking to enforce a 2021 court ruling (in the Garcia Ramirez v. ICE case) that prevents ICE from illegally locking up unaccompanied immigrant children in adult detention centers once they turn 18. 

The Council and NIJC filed the motion after multiple documented cases emerged in which ICE resumed its practice of seeking to transfer immigrant children who entered the U.S. alone into adult detention facilities once they turned 18, in violation of the permanent injunction in the Garcia Ramirez case.

“The permanent injunction made clear that ICE cannot automatically transfer young people to adult detention centers simply because they have turned 18,” said Michelle Lapointe, legal director at the American Immigration Council. “Locking up these young people in ICE jails rife with overcrowding and hazardous conditions, and far from their support systems, does nothing to make our communities safer, it only inflicts more harm on vulnerable youth.”

When children under 18 enter the United States alone, they are placed in shelters run by the Office of Refugee Resettlement (ORR) and are generally released to family members or other vetted sponsors in the U.S., not to ICE detention centers. These policies recognize that children need care and support, not punishment. 

Under the Garcia Ramirez court ruling that resulted from yearslong litigation by the NIJC and the Council and a lengthy bench trial, once these youths turn 18, ICE must consider placement in the least restrictive setting, like an alternative-to-detention program, rather than throwing them into immigration detention. 

“ICE’s attempt to expand the detention of immigrant youth is a direct violation of the courts, which explicitly requires the agency to consider safe, less restrictive alternatives to detention,” said Mark Fleming, associate director of litigation at the National Immigrant Justice Center. “We will not allow the government to turn back the clock and return to a practice that the courts have already found unlawful.”

The number of people in immigration detention has reached record highs, fueling overcrowding and abusive conditions. The Trump administration is weaponizing the threat of prolonged confinement in these dangerous facilities to coerce people into giving up their legal rights and accepting deportation. This pressure campaign is being reinforced by new policies such as a program offering financial payments to unaccompanied youths if they agree to leave the country.

“The law is clear: ICE must use safe, less restrictive alternatives, not default to jailing young people indefinitely,” said Marie Silver, managing attorney for NIJC’s Immigrant Children’s Protection Project. “These kids came here seeking safety and hope. They deserve a chance to be free and reunify with family and community members, attend school, and work with their lawyers to have their day in court. Trapping them in dangerous and degrading conditions in immigration detention is compounding their trauma in a cruel and unnecessary way.”

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Nayna Gupta Testifies at Shadow Hearing on Deportation’s Impact on Families and Communities

On September 18, 2025, the American Immigration Council’s Policy Director, Nayna Gupta, delivered testimony at a Shadow Hearing hosted by U.S. Representative Pramila Jayapal (WA-07), Ranking Member of the Subcommittee on Immigration, Integrity, Security, and Enforcement.

The hearing, Kidnapped and Disappeared: Trump’s Assault Destroys U.S. Families and Communities, is the third in Rep. Jayapal’s series examining the devastating human costs of deportation.

In her testimony, Gupta highlighted how deportation policies:

• Tear apart families and destabilize communities
• Undermine due process and fairness in the U.S. immigration system
• Weaken the values of justice and dignity that should define America

At the Council, we are committed to building an immigration system that protects families, safeguards due process, and reflects the values of justice and dignity.

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Georgia’s Historic Worksite Raid Underscores the Chaos Fueled by Trump’s Immigration Agenda

WASHINGTON DC, Sept. 5 — On September 4, law enforcement agents from several state and federal agencies, including U.S. Immigration and Customs Enforcement (ICE), executed a sweeping immigration raid at a Hyundai plant in southeastern Georgia. The raid reportedly resulted in at least 475 workers detained, many of whom were South Korean nationals — including some with legal status. It is the largest raid ever conducted in recent history at a single work site.  

In response, the American Immigration Council issued the following commentary. 

“These raids don’t make anyone safer. They terrorize workers, destabilize communities, and push families into chaos,” said Michelle Lapointe, legal director at the American Immigration Council, who is based in the Atlanta, Georgia area.  “This historic raid may make dramatic headlines, but it does nothing to fix the problems in our broken immigration system: a lack of legal pathways and a misguided focus on punishing workers and families who pose no threat to our communities. Raiding work sites isn’t reform, it’s political theater at the expense of families, communities, and our economy.” 

“Immigrant workers are the backbone of our economy, filling critical labor gaps in manufacturing and beyond. Nationwide, 5.7% of manufacturing workers are undocumented, and here in Georgia they make up 6.7% of that workforce. Raiding worksites instead of fixing our pathways to legal employment is cruel, wasteful, and deeply shortsighted. The chilling effect of these raids will make it less likely that people will show up to work, deepening labor shortages and hitting businesses hard at an already precarious economic moment,” said Nan Wu, director of research at the American Immigration Council.  

Council experts are available to discuss why worksite raids are counterproductive and harmful, and what smarter, more effective immigration solutions look like. 

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