Iowa Attorney General Brenna Bird launched an investigation into Winneshiek County Sheriff Dan Marx after he refused to comply with Immigrations and Customs Enforcement (ICE) detainers.
Marx shared a statement on Facebook last week, saying of the 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.”
“You may say, ‘Those who entered our country illegally are not US citizens and, therefore, are not afforded constitutional rights!’ But what if the person being held is a US citizen who happens to have the same name or shares other similarities with the subject of the detainer?” he added. “Are you willing to sit in jail or a federal prison on an unconstitutional detainer with no right to due process until ICE clears your name? Or, if it were you or a loved one falsely arrested and/or detained, would you feel differently?”
“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 wrote. “My job is to be fair, impartial, just and constitutional. Period. That is what I have done and will continue to do.”
Following Iowa Governor Kim Reynolds (R) filing a complaint against Winneshiek County, Bird opened an investigation into the matter.
“Iowa law is clear: counties and cities must comply with Iowa Code Chapter 27A, which specifically requires law enforcement to comply with ICE detainers or risk loss of state funding,” she said. “We have received the Governor’s complaint against Winneshiek County and have opened an investigation.”
