DES MOINES, Iowa — Des Moines Police Chief Dana Wingert is sharing his concerns regarding the potential enforcement of SF 2340, a bill that criminalizes illegal reentry into Iowa under certain conditions.
The legislation would also allow local law enforcement to arrest individuals who they have probable cause to believe are in the U.S. illegally, who have been previously denied admission to the state or who have been removed from the U.S. in the past. The crime would be categorized as an aggravated misdemeanor.
Law enforcement and state agencies would be responsible for monitoring compliance and would have immunity for liability.
After moving past the Iowa Senate and House, this legislation now awaits Gov. Kim Reynolds' signature. If made law, the bill would pass on additional responsibility to local law enforcement: Monitoring the legal status of people living in Iowa.
In an email, Des Moines Police Chief Dana Wingert told Local 5 this bill doesn't align with the goals of the department. He said, for nearly two decades, DMPD has dedicated an outreach officer with the goal of building relationships within the Des Moines immigrant community and assisting with assimilation.
Wingert also shared at the local level the department is centered at the task at hand — not the individuals involved.
His email reads in part:
"Local law enforcement lacks access to a database that allows us to confirm immigration status. Simply stated, not only do we not have the resources to assume this additional task, we don't even have the ability to perform this function .... I'm not interested, nor are we equipped, funded or staffed to take on additional responsibilities that historically have never been a function of local law enforcement."
Wingert explained, when a person is arrested for a crime, their immigration status is checked during booking at the Polk County Jail.
Wingert believes confirming someone's immigration status is the responsibility of a different agency, Immigration and Customs Enforcement, under the Department of Homeland Security — and it's a job Wingert said DMPD employees did not sign up for.
"Our policies do not consider an individual's immigration status, and it seems disingenuous and contradictory to have procedures that promote the very bias that law enforcement has worked tirelessly to eliminate in our profession and in our communities," Wingert said.
Local 5 reached out to the Iowa State Patrol about this legislation, but they say it's not possible for them to offer commentary on the legislative process that is currently underway.
Gov. Kim Reynolds has not yet announced a date or time for signing the bill into law.
Read the full quote from Wingert regarding SF2340 below:
"Our calls for service are based on a priority system that places value in terms of risk to life and property. This is an industry standard for law enforcement based on best practices and community expectations. Immigration status does not factor into the how we respond or the resources we send.
For nearly two decades, the Des Moines Police Department has dedicated an outreach officer with the goal of building relationships within our immigrant community and assisting with assimilation. At the local level, it is our responsibility to ensure that everyone in our community is safe and secure, and our services have always been, and will continue to be, centered on the task at hand, and not the individuals involved. With this, local law enforcement lacks access to a database that allows us to confirm immigration status. Simply stated, not only do we not have the resources to assume this additional task, we don’t even have the ability to perform this function.
The Des Moines Police Department Communications Center receives roughly 300,000 calls per year, and our resources are deployed in a manner which expedites the response and promotes efficiencies in our follow-up investigations. I’m not interested, nor are we equipped, funded or staffed to take on additional responsibilities that historically have never been a function of local law enforcement.
When an individual is arrested for a crime, their immigration is checked during booking at the Polk County Jail. Short of that, confirming immigration status is a function of the Federal Government, which includes an entire agency (ICE) under the Department of Homeland Security, charged with this responsibility.
One can assume that the proponents of this bill are prepared to dismantle the Department of Homeland Security, Immigration and Customs Enforcement, and transfer those resources and funds to the local level, although I’ve not yet heard that discussion. The employees of the Des Moines Police Department signed on to serve at the local level, which differs significantly from the role of an ICE Agent.
Our policies do not consider an individual’s immigration status, and it seems disingenuous and contradictory to have procedures that promote the very bias that law enforcement has worked tirelessly to eliminate in our profession and in our communities."