- Iowa Attorney General Brenna Bird dismissed a lawsuit against Winneshiek County Sheriff Dan Marx over his stance on immigration detainers.
- Gov. Kim Reynolds initially filed the complaint, alleging Marx violated Iowa law by discouraging cooperation with federal immigration officials.
- Marx maintained Winneshiek County always cooperated with ICE and his Facebook post was misinterpreted.
Attorney General Brenna Bird has dismissed a lawsuit against Winneshiek County Sheriff Dan Marx.
Bird initially said Marx allegedly violated Iowa law by discouraging law enforcement to cooperate with federal immigration officials.
The conflict between the two parties has been ongoing since February, when Marx posted to Facebook his office office would reject “detainer” requests to hold immigrants if the requests weren’t vetted and approved by the courts.
Gov. Reynolds filed initial complaint against Winneshiek County
Gov. Kim Reynolds filed an official complaint with the Attorney General’s Office, though the lawsuit was filed until March 26. Reynolds released a statement warning the county it could be ineligible to receive state funds if it is found to have intentionally violated the law.
In mid-January, Reynolds directined Iowa’s top law enforcement officials to fully cooperate and assist federal agencies in carrying out deportations. Reynolds specifically instructed Iowa’s law enforcement officials to honor any detainer request from Homeland Security.
Bird and Marx have gone back and forth behind closed doors and via social media posts. Bird tried to get Marx to refute the statements he made in the initial Facebook post. Marx was adamant that Winneshiek County has never refused to cooperate with ICE, which he said should be evidence enough for the Attorney General’s Office to dismiss the case.
“When my deputies work with another state, local or federal law enforcement agency, it is my expectation that those agencies will also obey the law and protect the Constitutional rights of those people that we are expected to serve,” Marx wrote in a letter to the Attorney General’s Office in February. “This does not mean that we will not cooperate with ICE or other agencies in the lawful execution of their duties.”
Attorney general said Winneshiek County ‘compiled with law’
Bird officially dropped the case on Friday, July 18.
“Given that Winneshiek County has now fully complied with 27A, the state law prohibiting sanctuary cities and counties from receiving taxpayer funds, the state is dismissing the lawsuit to enforce 27A,” Bird said. “Winneshiek County and Sheriff Marx are in compliance with 27A. They have committed to continue to honor ICE detainers and cooperate with federal immigration authorities.”
Marx responded to Bird’s dismissal of the suit with a letter of his own, in which he said that he’d recently met with the attorney general to explain his side.
“I explained it was never my intent to discourage immigration enforcement,” Marx said. “We have always complied with ICE detainers and will continue to comply with Iowa code section 27A and encourage immigration enforcement under our written policies.”
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