Iowa Attorney General Brenna Bird has filed a lawsuit against Winneshiek County Sheriff Dan Marx after he discouraged officers from cooperating with federal immigration authorities.
“Sanctuary counties are illegal under Iowa law,” Bird said. “Sheriff Marx was given the chance to retract his statement, follow the law, and honor ICE detainers, but he refused—even at a cost to his home county. He left us with no choice but to take the case to court to enforce our laws and ensure cooperation with federal immigration authorities.”
The lawsuit centers on a Facebook post where Marx wrote of detainers: “If their actions or paperwork are not within constitutional parameters (such as non-judicially vetted ‘detainers,’ which are very different than warrants and are simply an unconstitutional ‘request’ from ICE or other three letter federal agency to arrest or hold someone), then we will make every effort to block, interfere and interrupt their actions from moving forward.”
“Bottom line – due to my long-time stance on not recognizing detainers, I have acquired two labels from opposing political parties – both intended to negatively impact my reputation as sheriff. The first is ‘Sanctuary Sheriff’ and the second is ‘Constitutional Sheriff.’ Regardless of labels that others impose on me, I am uninterested in political agendas or propaganda stunts by either side,” Marx added. “My job is to be fair, impartial, just and constitutional. Period. That is what I have done and will continue to do.”
Bird’s investigation found that Marx’s statement violated Iowa Code chapter 27A, the state’s sanctuary counties law.
“The Sheriff posted on Facebook a message rife with legal and factual errors that discouraged enforcing immigration laws in violation of chapter 27A,” Bird’s lawsuit says. “The Governor, recognizing that the post violated the law, filed a complaint with the Attorney General’s Office. And finding a violation, the Attorney General now sues to enforce the law.”
