WINNESHIEK COUNTY, Iowa — Iowa Gov. Kim Reynolds took to X on Tuesday, saying she sent a letter to Winneshiek County’s sheriff and board of supervisors, countering a claim by the sheriff who said he would not comply with detainers from U.S. Immigration and Customs Enforcement (ICE).
Immigration detainers are requests from ICE to federal, state or local law enforcement to hold someone for up to 48 hours beyond the time they would ordinarily be released, according to the Department of Homeland Security. ICE officials use the additional detainment time to decide whether a person should be taken into federal custody and deported.
In a Facebook post on Monday, Winneshiek County Sheriff Dan Marx said the following in part:
“The only reason detainers are issued is because the federal agency does not have enough information or has not taken the time to obtain a valid judicial warrant. Simply put, they are not sure they are detaining the right person and need more time to figure it out. For the person who could be held erroneously (or determined to be someone other than who ICE is seeking), there is a gross violation of rights at hand. Specifically, these detainers are violations of our 4th Amendment protection against warrantless search, seizure and arrest, and our 6th Amendment right to due process.”
He added that he would not assist in the “unconstitutional” detainer requests from ICE and “will make every effort to block, interfere and interrupt their actions from moving forward.”
In response, Gov. Reynolds sent the letter Tuesday, citing Iowa Code 27A.
“Specifically, Iowa law provides a sheriff shall not adopt or enforce a policy or take any other action under which the sheriff prohibits or discourages the enforcement of immigration laws,” she said in the letter.
Reynolds said the letter will be treated as a complaint filed with Attorney General Brenna Bird, and added that Winneshiek County and its sheriff could become ineligible for state funds if found to have intentionally violated Iowa Code 27A.
In a Thursday statement, Bird announced that an investigation had been started.
“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,” Bird said. “We have received the Governor’s complaint against Winneshiek County and have opened an investigation.”
Today, I sent a letter to the Winneshiek County Sheriff and Board of Supervisors, reminding them of their obligation to follow state law and comply with ICE’s enforcement of our immigration laws. pic.twitter.com/CC7XEuim9W
— Gov. Kim Reynolds (@IAGovernor) February 6, 2025