Iowa Attorney General Sues County After Sheriff Vows to ‘Interfere, Interrupt’ ICE Deportations

Iowa’s Attorney General, Brenna Bird, has launched a legal battle aiming to withdraw state funding from an entire county after its sheriff vowed to “make every effort to block, interfere, and interrupt” deportation operations initiated by Immigration and Customs Enforcement (ICE), arguing that the agency’s detainers violate the Constitution.

This legal action aligns with the broader immigration crackdown being pushed by the Trump administration, which includes aggressive efforts across government agencies to reduce illegal immigration and address crimes associated with it, according to Fox News.

Bird, a Republican, stated in court documents that the sheriff’s “longtime” refusal to honor immigration enforcement detainers has “impeded and discouraged cooperation with federal immigration authorities in violation of Iowa law.”

ICE detainers are formal notices requesting that local law enforcement hold individuals believed to be undocumented immigrants who may pose a risk to public safety, until ICE can assume custody.

Federal officials have cautioned that when local agencies disregard these detainers, it can lead to the release of individuals who might present a danger to their communities, Fox reported.

Nonetheless, Winneshiek County Sheriff Dan Marx has openly stated that he will not honor ICE detainers. In a Facebook post dated February 4, Marx declared they are “simply an unconstitutional request from ICE.”

In the since-removed post, Marx urged county residents to notify his department if they came across “any federal agents,” assuring the public that his office would help “verify credentials and the legitimacy of any paperwork federal agents should have to make certain your rights are not being abused.”

He added that if federal actions are “within constitutional parameters (such as proper and valid judicial warrants/court orders),” then his department would “assist if needed or requested to ensure their actions are carried out professionally and in the least intrusive fashion possible.”

However, he warned that if agents’ paperwork failed to meet constitutional standards, “then we will make every effort to block, interfere and interrupt their actions from moving forward.”

Marx identified “non-judicially vetted ‘detainers’” as actions outside constitutional bounds, claiming they are “simply an unconstitutional request from ICE or other three letter federal agency to arrest or hold someone.”

He went further, stating that ICE often uses detainers when it lacks enough information or hasn’t secured “a valid judicial warrant.”

“Simply put, they are not sure they are detaining the right person and need more time to figure it out,” he wrote, arguing that such detainers infringe on “our 4th Amendment protection against warrantless search, seizure and arrest, and our 6th Amendment right to due process.”

He concluded his post by reaffirming that his “long-time stance on not recognizing detainers” is rooted in “constitutional standards … not opinions, politics or emotions.”

Following these remarks, Iowa Governor Kim Reynolds filed a complaint with AG Bird, asserting that the sheriff had broken a state law mandating cooperation with federal immigration authorities.

Bird's subsequent investigation revealed that despite his public defiance, Marx’s office had, in fact, complied “with every single ICE detainer request” going back to 2018.

Last week, Bird gave Marx an ultimatum to revise his public statements in line with Iowa law. When he declined, she responded by filing a lawsuit aimed at cutting all state funding to Winneshiek County until the sheriff agrees to meet the state’s standards for federal cooperation.

Bird claims Marx’s Facebook post was “rife with legal and factual errors that discouraged enforcing immigration laws” and violated Chapter 27A of Iowa’s legal code.

“Iowa is not a sanctuary for illegal immigration. Anyone who threatens to ‘block, interfere and interrupt’ with immigration enforcement, as this sheriff did, will be held accountable,” Bird told Fox News.