By Marissa Payne, Des Moines Register
Undocumented immigrants who are arrested would have a harder time making bail and face greater penalties for election crimes under a bill advanced by Iowa Republican lawmakers.
Immigrant advocacy groups objected to Gov. Kim Reynolds’ bill, House Study Bill 663, over concerns that it violates constitutional rights granted to all people regardless of citizenship status, while supporters say it preserves public safety in Iowa.
A three-member subcommittee moved the legislation forward on Tuesday, Feb. 10, with Republican Reps. Charley Thomson of Charles City and Samantha Fett of Carlisle in support and Democratic Rep. Angel Ramirez of Cedar Rapids opposed. It heads to the full House Judiciary Committee for consideration.z
“It’s about restoring and reinforcing the integrity of Iowa’s systems, some of which have been eroded by … very unfortunate, foolhardy decisions and policies of the Biden administration,” Thomson said, attacking immigration policies under Democratic former President Joe Biden.
Ramirez, the first Latina state lawmaker elected in Iowa, raised strong concerns with the bill.
“I believe that this bill will have unintended consequences — or perhaps intended consequences — that will drive undocumented immigrants further underground,” Ramirez said.
What does Gov. Kim Reynolds’ bill do?
The bill would create a presumption that any undocumented immigrant arrested in Iowa for a crime other than a simple misdemeanor is a flight risk and should not be granted bail. The defendant would be allowed to challenge that presumption.
Reynolds also is proposing to put into law an executive order she signed in October after the immigration arrest of former Des Moines Public Schools Superintendent Ian Roberts that requires all state agencies to verify new hires’ work eligibility using the federal E-Verify and SAVE systems.
The executive order also applies to anyone granted a state-issued occupational and professional license.
Her bill also proposes changing Iowa’s election laws to require Iowans to affirm under oath that they are a U.S. citizen when they register to vote. Iowans currently must attest that they are a U.S. citizen when they cast their ballots.
The legislation would also increase penalties for election misconduct, ensuring that the crime is at least a class D felony, punishable by up to five years in prison.
Ramirez opposed mandating the use of E-Verify as it erroneously flags people as noncitizens, feared Reynolds’ proposed bail changes would overwhelm crowded local jails and said categorically denying bail to a whole class of defendants is unconstitutional.
“If we are truly concerned about voter fraud and ensuring that every person is a legal resident, we would be pouring our resources, our time and our energy into finding better pathways towards citizenship in this state,” Ramirez said.
She asked the governor’s senior legal counsel, Stan Thompson, what problem the bill solved as it is already a state and federal crime for noncitizens to vote.
He said there were prosecutions brought by the Iowa attorney general where convictions were not obtained and this bill would allow successful prosecutions in the future.
Groups raise concerns on bail changes
Lobbyists for the Iowa Association for Justice and Iowa Catholic Conference registered as undecided but shared concerns about treating immigrants differently than other Iowans on bail.
Lisa Davis-Cook, with the Iowa Association for Justice, said judges already have capacity to set forcible felonies at a higher bond so there’s no reason to create a rebuttal presumption and make a person sit in jail for two weeks while waiting for their bond review hearing.
The group had concerns about jailing people who have been arrested but not convicted of a crime, she said, and jailing people before a conviction can cause people to lose jobs, houses and custody of their children.
“This is going to cause a huge need for more judicial resources for the increased bond review hearings and increased cost of actually transporting defendants back and forth from the jail to the courthouse for these,” Davis-Cook said.
Immigrant rights groups call it an ‘attack’ on due process rights
The bill adds to a growing slate of proposals targeting immigrants’ rights in the 2026 session.
Among the more similar proposals lawmakers have advanced is another bill that doesn’t explicitly codify requirements for the state to use E-Verify and SAVE but strengthens requirements for how educators and administrators are vetted for job eligibility and immigration status.
The Senate Education committee has moved forward Senate File 2218 mandating the Iowa Board of Educational Examiners and school districts require applicants show evidence of lawful U.S. citizenship.
Fett defended Reynolds’ bill, saying “it’s about a commitment to restore safe communities, making sure that who we’re hiring is supposed to be here.”
Erica Johnson, executive director of Iowa Migrant Movement for Justice, called Reynolds’ bill an attack on due process rights instead of maintaining a presumption of innocence where the government carries the burden of proving that a person should be detained.
“The bill creates harsh rules for certain Iowa residents and would result in two separate and unequal criminal justice systems in the state,” Johnson said.
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