Reynolds says Iowa National Guard troops will assist ICE with immigration enforcement

CEDAR RAPIDS — Iowa Gov. Kim Reynolds on Wednesday said the Iowa National Guard is coordinating with the federal government to assist U.S. Immigration and Customs Enforcement with clerical tasks in the detention and deportation of migrants in their custody, though specifics are still pending.

Immigrants rights and worker justice organization Escucha Mi Voz issued a news release Tuesday pointing to reporting from The Intercept that revealed the U.S. Department of Defense has authorized National Guard troops to support ICE operations in 20 states, including Iowa.

Escucha Mi Voz Iowa, an Iowa City nonprofit which translates to “Hear My Voice” in Spanish, said Reynolds’ office confirmed the report in an email to the group, stating that the Iowa National Guard “stands ready to support our (U.S. Department of Homeland Security) partners in executing the President’s executive orders.”

Asked about the DoD memo first revealed last week by the New York Times, Reynolds told reporters following a groundbreaking ceremony in Cedar Rapids that “every governor across this country was on a conference call with Homeland Secretary asking for help in states around the country” to assist with deportations.

Iowa Gov. Kim Reynolds speaks to reporters after a ceremony celebrating the expansion at Ingredion, Inc., in southwest Cedar Rapids on Wednesday. (Jim Slosiarek/The Gazette)

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“As you know we have over 11 million illegal immigrants that have crossed into our country illegally during the Biden administration,” Reynolds said, referring to the more than 10.8 million “encounters” tracked by U.S. border officials during former President Joe Biden’s term, starting in January 2021. The numbers include both attempted illegal crossings and individuals deemed inadmissible at legal points of entry.

“We have said that we would step up and help,” Reynolds said.

The New York Times, citing an Immigration and Customs Enforcement memo, reported that Guard members may be assigned to “alien processing” — administrative work that facilitates detention and deportation.

Reynolds said the Iowa National Guard would likely focus on logistics and processing, but that specifics — including how many Iowa troops would be involved — are still being finalized. The governor said the federal government will likely cover the costs, but reiterated the state still is in discussions about the timeline and specifics of its involvement.

“We’re waiting to hear back from (U.S. Homeland Security) Secretary (Kristi Noem) with that,” Reynolds said. “So I know the conversations have been had, but what we really looked at was logistics and processing is probably the way that we would look to help from a state perspective. … And I don’t know the numbers at this point. I think they’re still seeing how many states are doing it and what that looks like.”

The use of the military for civilian law enforcement is limited by the Constitution and other legal provisions. Generally, the military cannot be used as a police force to enforce laws, with some exceptions. But state governments maintain the authority to keep order within their borders — a power given to them under the Posse Comitatus Act of 1878 — and Republican governors, including Reynolds, have previously deployed National Guard troops to assist in border control.

Texas Gov. Greg Abbott, right, and Oklahoma Gov. Kevin Stitt, left, listen as Iowa Gov. Kim Reynolds, center, speaks during a news conference along the Rio Grande, Aug. 21, 2023, in Eagle Pass, Texas. (AP Photo/Eric Gay)

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Deploying Guard troops to ICE sites would more directly integrate military operations with the agency’s domestic law enforcement responsibilities, the Times reported.

An ICE memo said National Guard troops would directly assist agents with “administrative and clerical tasks, field office program management, case management and transportation.” The memo did not authorize the National Guard to take part in immigration raids directly, the Times reported.

Escucha Mi Voz Iowa community organizer Alejandra Escobar, in a statement, said its members demand Reynolds keep the Iowa National Guard out of immigration enforcement.

“Deploying the National Guard against our state’s hard working immigrant communities is morally indefensible and risks widespread violations of civil liberties and constitutional rights,” Escobar said. “We will be closely monitoring this situation and are prepared to mobilize communities statewide against any action that threatens Iowa families.”

Escucha Mi Voz Iowa community organizer Alejandra Escobar speaks during an ICE accompaniment rally at the Homeland Security Investigations office in Cedar Rapids on Tuesday. (Savannah Blake/The Gazette)

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The nonprofit filed a civil-rights complaint in April against the Iowa State Patrol and U.S. Immigration and Customs Enforcement after seven construction workers were stopped while driving home from work near Dubuque.

The complaint was filed through the process laid out in an agreement signed in March between the Iowa Department of Public Safety and ICE.

The agreement, called a 287(g) agreement, established a task force of three special agents from the Iowa State Patrol who are given authority to perform some immigration-related law enforcement activities in Iowa, including arresting individuals in violation of federal immigration laws and issuing immigration detainers.

The Gazette’s Emily Andersen contributed to this report.

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