Case: United States v. State of Iowa

4:24-cv-00162 | U.S. District Court for the Southern District of Iowa

Filed Date: May 9, 2024

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about a law in Iowa that criminalized entering Iowa after being deported or denied entry into the United States.   On April 10, 2024, the Governor of Iowa signed into law SF 2340, to become effective on July 1, 2024. SF 2340, or "the law," created a new state crime and imposed state penalties on noncitizens in Iowa who had unlawfully reentered the United States.  It also required Iowa state courts to order the removal of certain noncitizens from the United States. On May 9, 2024,…

This is a case about a law in Iowa that criminalized entering Iowa after being deported or denied entry into the United States.  

On April 10, 2024, the Governor of Iowa signed into law SF 2340, to become effective on July 1, 2024. SF 2340, or "the law," created a new state crime and imposed state penalties on noncitizens in Iowa who had unlawfully reentered the United States.  It also required Iowa state courts to order the removal of certain noncitizens from the United States.

On May 9, 2024, the plaintiff, the U.S. Department of Justice (DOJ), filed suit against the state of Iowa in the U.S. District Court for the Northern District of Iowa, seeking an injunction against the enforcement of the law. The DOJ argued that SF 2340 was preempted by federal law and violated the Supremacy Clause of the U.S. Constitution and the Foreign Commerce Clause. The DOJ also argued that SF 2340 constituted an unlawful attempt by Iowa to create its own immigration system; however, only the federal government has a right to regulate immigration. The DOJ sued the State of Iowa, the Governor of Iowa, the Attorney General of Iowa, the Iowa Department of Public Safety (DPS), and the Commissioner of DPS (collectively, "the state"). It sought a declaratory judgment, a preliminary injunction to stop the defendants from enforcing SF 2340, and costs. The case was assigned to Judge Stephen Locher. 

On May 13, 2024, the DOJ filed motions for a preliminary injunction and a permanent injunction, arguing that enforcing SF 2340 would cause harm to the United States and interfere with foreign relations and the federal immigration scheme. On June 17, 2024, the court granted the requested preliminary injunction. It reasoned that the United States had a viable cause of action and was likely to prevail on its preemption claim. 

The court issued a single decision preliminarily enjoining the law in this case and in Iowa Migrant Movement for Justice v. Bird, 4:24-cv-00161, though the cases were not formally consolidated. 

On June 19, 2024, the defendants filed an appeal of the preliminary injunction in the U.S. Court of Appeals for the Eight Circuit (USCA Case Number 24-2265). The parties filed a joint motion for a stay pending appeal on August 28, 2024, which the district court granted on August 29, 2024. The Eighth Circuit affirmed the district court's preliminary injunction on January 24, 2025. The case was then transferred back to the district court for further proceedings.

However, after the start of the second Trump administration, the DOJ reversed its stance on the Iowa law and filed a notice of voluntary dismissal on March 14, 2025. On April 16, 2025, the Eighth Circuit dismissed Iowa’s appeal, vacated the district court’s order granting the United States’ motion for a preliminary injunction, and remanded to the district court with instructions to dismiss this action. 

As of April 21, 2025, the district court has not closed the case.

Summary Authors

Nicole Brigstock (4/21/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68516301/parties/united-states-v-state-of-iowa/


Judge(s)
Attorney for Plaintiff

Baldi, Maxwell A. (Iowa)

Cholera, Kuntal (Iowa)

Attorney for Defendant
Expert/Monitor/Master/Other

Boal, Michael Steven (Iowa)

Coburn, Madeline (Iowa)

Crapo, Matt A. (Iowa)

show all people

Documents in the Clearinghouse

Document
1

4:24-cv-00162

Complaint

May 9, 2024

May 9, 2024

Complaint
7

4:24-cv-00162

United States' Motion for Preliminary or Permanent Injunction

United States of America v. State of Iowa

May 13, 2024

May 13, 2024

Pleading / Motion / Brief
29

4:24-cv-00162

Order Granting Motion for Preliminary Injunction

June 17, 2024

June 17, 2024

Order/Opinion

2024 WL 3035430

805180804-3

24-02265

Opinion

U.S. Court of Appeals for the Eighth Circuit

Jan. 24, 2025

Jan. 24, 2025

Order/Opinion

126 F.4th 1334

46

4:24-cv-00162

Notice of Voluntary Dismissal

March 14, 2025

March 14, 2025

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68516301/united-states-v-state-of-iowa/

Last updated April 21, 2025, 4:41 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants, filed by United States of America. Notice of Dismissal for lack of Service deadline set for 8/7/2024. Rule 16 Notice of Dismissal set for 8/7/2024. (Attachments: # 1 Exhibit DOJ Letter to Iowa)(Eiswerth, Christopher) (Entered: 05/09/2024)

1 Exhibit DOJ Letter to Iowa

View on RECAP

May 9, 2024

May 9, 2024

Clearinghouse
2

NOTICE of Appearance by Eric H. Wessan on behalf of All Defendants (Wessan, Eric) (Entered: 05/10/2024)

May 10, 2024

May 10, 2024

PACER

Add and Terminate Judges

May 10, 2024

May 10, 2024

PACER

Judge Stephen H. Locher and Chief Magistrate Judge Stephen B. Jackson, Jr added. Magistrate Judge Helen C. Adams and Judge Rebecca Goodgame Ebinger no longer assigned to case. (kjw)

May 10, 2024

May 10, 2024

PACER
3

Unresisted MOTION to file overlength brief in support of motion for preliminary injunction by United States of America.Motions referred to Stephen B. Jackson, Jr. Responses due by 5/24/2024. (Attachments: # 1 Motion for Preliminary Injunction, # 2 Brief in Support of Motion for Preliminary Injunction, # 3 Exhibit 1 - Jacobstein Declaration, # 4 Exhibit 2 - Kim Declaration, # 5 Exhibit 3 - Hott Declaration)(Eiswerth, Christopher) (Entered: 05/10/2024)

May 10, 2024

May 10, 2024

PACER
4

NOTICE of Appearance by Breanne Alyssa Stoltze on behalf of All Defendants (Stoltze, Breanne) (Entered: 05/10/2024)

May 10, 2024

May 10, 2024

PACER
5

NOTICE of Appearance by Nicholas Davis on behalf of All Defendants (Davis, Nicholas) (Entered: 05/13/2024)

May 13, 2024

May 13, 2024

PACER

File Overlength Brief

May 13, 2024

May 13, 2024

PACER

Order AND ~Util - Set Hearings

May 13, 2024

May 13, 2024

PACER
6

TEXT ORDER granting 3 United States' Unopposed Motion for Extension of Page Limit. The United States is granted leave to file an overlength brief. However, because other materials were incorrectly attached to the motion, the United States must refile all those materials properly on the docket along with the brief. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr. on 5/13/2024. (jeb) (Entered: 05/13/2024)

May 13, 2024

May 13, 2024

PACER
7

MOTION for Preliminary Injunction, MOTION for Permanent Injunction by United States of America. Responses due by 5/28/2024. (Attachments: # 1 Brief in Support, # 2 Exhibit 1 - Jacobstein Declaration, # 3 Exhibit 2 - Kim Declaration, # 4 Exhibit 3 - Hott Declaration)(Eiswerth, Christopher) (Entered: 05/13/2024)

1 Brief in Support

View on RECAP

2 Exhibit 1 - Jacobstein Declaration

View on RECAP

3 Exhibit 2 - Kim Declaration

View on RECAP

4 Exhibit 3 - Hott Declaration

View on RECAP

May 13, 2024

May 13, 2024

Clearinghouse
8

TEXT ORDER SETTING HEARING regarding 7 Motion for Preliminary Injunction and Motion for Permanent Injunction filed by United States of America. The Court will hold a consolidated hearing to address this motion and the similar motion in Case Number 4:24-cv-00161. The Motion Hearing is set for 6/10/2024 at 09:30 AM in Des Moines - Room 265 - 2nd Floor before Judge Stephen H. Locher. At the hearing, the Court will first hear argument from the moving party in Case Number 4:24-cv-00161, followed by argument from the moving party in this case, followed by argument from the respondents. The moving parties collectively will be given forty-five minutes for argument, to be allocated as they see fit. The respondents likewise collectively will be given forty-five minutes for argument, to be allocated as they see fit. Signed by Judge Stephen H. Locher on 5/13/2024. (mm) (Entered: 05/13/2024)

May 13, 2024

May 13, 2024

PACER
9

MOTION for Extension of Time to File AND PAGES FOR DEFENDANTS RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION FOR A PRELIMINARY INJUNCTION by Stephan K. Bayens, Brenna Bird, Iowa Department of Public Safety, Kimberly Reynolds, State of Iowa.Motions referred to Stephen B. Jackson, Jr. Responses due by 5/28/2024. (Wessan, Eric) (Entered: 05/13/2024)

May 13, 2024

May 13, 2024

PACER
10

NOTICE of Appearance by Patrick Cannon Valencia on behalf of All Defendants (Valencia, Patrick) (Entered: 05/14/2024)

May 14, 2024

May 14, 2024

PACER

Extension of Time to File

May 14, 2024

May 14, 2024

PACER
11

TEXT ORDER granting 9 Defendants' Motion for Extension of Time and Pages for Defendants' Response in Opposition to Plaintiff's Motion for a Preliminary Injunction. Defendants have until May 31, 2024 to respond to the United States' Motion for Preliminary or Permanent Injunction 7 and are granted leave to file a brief up to 25 pages in length. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr. on 5/14/2024. (jeb) (Entered: 05/14/2024)

May 14, 2024

May 14, 2024

PACER
12

NOTICE of Appearance by Jean Lin on behalf of United States of America (Lin, Jean) (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

PACER
14

WAIVER OF SERVICE Returned Executed filed by United States of America; State of Iowa waiver served on 5/14/2024, answer due 7/15/2024. (Eiswerth, Christopher) (Entered: 05/29/2024)

May 29, 2024

May 29, 2024

PACER
15

WAIVER OF SERVICE Returned Executed filed by United States of America; Kimberly Reynolds waiver served on 5/14/2024, answer due 7/15/2024. (Eiswerth, Christopher) (Entered: 05/29/2024)

May 29, 2024

May 29, 2024

PACER
16

WAIVER OF SERVICE Returned Executed filed by United States of America; Brenna Bird waiver served on 5/14/2024, answer due 7/15/2024. (Eiswerth, Christopher) (Entered: 05/29/2024)

May 29, 2024

May 29, 2024

PACER
17

WAIVER OF SERVICE Returned Executed filed by United States of America; Iowa Department of Public Safety waiver served on 5/14/2024, answer due 7/15/2024. (Eiswerth, Christopher) (Entered: 05/29/2024)

May 29, 2024

May 29, 2024

PACER
18

WAIVER OF SERVICE Returned Executed filed by United States of America; Stephan K. Bayens waiver served on 5/14/2024, answer due 7/15/2024. (Eiswerth, Christopher) (Entered: 05/29/2024)

May 29, 2024

May 29, 2024

PACER
19

RESPONSE to Motion re 7 MOTION for Preliminary Injunction MOTION for Permanent Injunction filed by Stephan K. Bayens, Brenna Bird, Iowa Department of Public Safety, Kimberly Reynolds, State of Iowa. Replies due by 6/7/2024.(Stoltze, Breanne) (Entered: 05/31/2024)

May 31, 2024

May 31, 2024

RECAP
20

Unresisted MOTION to file overlength brief by United States of America.Motions referred to Stephen B. Jackson, Jr. Responses due by 6/20/2024. (Attachments: # 1 [Proposed] Reply Brief in Support of Motion for Preliminary or Permanent Injunction)(Eiswerth, Christopher) (Entered: 06/05/2024)

June 5, 2024

June 5, 2024

PACER
21

TEXT ORDER granting 20 United States' Unresisted Motion for Extension of Page Limits. Pursuant to Local Rule 7(h), the Clerk of Court is directed to detach and docket the brief attached to the motion. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr. on 6/6/2024. (jeb) (Entered: 06/06/2024)

June 6, 2024

June 6, 2024

PACER

File Overlength Brief

June 6, 2024

June 6, 2024

PACER
22

Unresisted MOTION for Leave to File Brief as Amicus Curiae by Immigration Reform Law Institute.Motions referred to Stephen B. Jackson, Jr. Responses due by 6/20/2024. (Attachments: # 1 Brief in Support)(Boal, Michael) (Entered: 06/06/2024)

1 Brief in Support

View on RECAP

June 6, 2024

June 6, 2024

RECAP
23

MOTION for Leave to Appear Pro Hac Vice by Immigration Reform Law Institute. (Boal, Michael) Modified on 6/10/2024 Receipt Number: AIASDC-5474906 Fee paid in the amount of $100 (kjw). (Entered: 06/06/2024)

June 6, 2024

June 6, 2024

RECAP
24

TEXT ORDER granting 22 Immigration Reform Law Institute's Motion for Leave to File a Brief as Amicus Curiae. The Clerk of Court is directed to detach and docket the brief attached to the motion. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr. on 6/7/2024. (jeb) (Entered: 06/07/2024)

June 7, 2024

June 7, 2024

PACER

Leave to File

June 7, 2024

June 7, 2024

PACER
25

AMICUS BRIEF by Immigration Reform Law Institute. (nla) (Entered: 06/10/2024)

June 10, 2024

June 10, 2024

RECAP
26

Minute Entry for proceedings held before Judge Stephen H. Locher: Preliminary Injunction Hearing held on 6/10/2024. (Court Reporter Tonya Gerke.) (mm) (Entered: 06/10/2024)

June 10, 2024

June 10, 2024

RECAP
27

TEXT ORDER granting 23 Motion for Leave to Appear Pro Hac Vice Christopher J. Hajec. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr on 6/11/2024. (nla) (Entered: 06/11/2024)

June 11, 2024

June 11, 2024

PACER

Appear Pro Hac Vice

June 11, 2024

June 11, 2024

PACER
28

TRANSCRIPT of Proceedings re 26 Evidentiary Hearing held on 06/10/2024 before Judge Stephen H. Locher. Court Reporter: Tonya R. Gerke, Telephone Number: (515)284-6444. Page Nos.: 1-61. Transcript may be viewed at court public terminal or purchased through Court Reporter before deadline for Release of Transcript Restriction. After that date it may be obtained through court reporter, Clerk's Office, or PACER. Redaction Request due 7/8/2024. Redacted Transcript Deadline set for 7/18/2024. Release of Transcript Restriction set for 9/13/2024. (trg) (Entered: 06/12/2024)

June 12, 2024

June 12, 2024

PACER
29

ORDER Granting 7 Motion for Preliminary Injunction. Defendants are hereby ENJOINED from enforcing Senate File 2340 pending further proceedings. See Order for particulars. Signed by Judge Stephen H. Locher on 6/17/2024. (mm) (Entered: 06/17/2024)

June 17, 2024

June 17, 2024

Clearinghouse
30

REPLY re 7 Motion for Preliminary Injunction by United States of America per Text Order 21 . (kjw) (Entered: 06/18/2024)

June 18, 2024

June 18, 2024

RECAP
31

NOTICE OF APPEAL by Stephan K. Bayens, Brenna Bird, Iowa Department of Public Safety, Kimberly Reynolds, State of Iowa. Fee paid in the amount of $605 receipt number AIASDC-5484595. (Attachments: # 1 Supplement)(Valencia, Patrick) (Entered: 06/19/2024)

1 Supplement

View on RECAP

June 19, 2024

June 19, 2024

RECAP
32

NOTIFICATION OF APPEAL and NOA Supplement by District Court Clerk to USCA re 31 Notice of Appeal filed on 6/19/2024. (vr) (Entered: 06/20/2024)

June 20, 2024

June 20, 2024

PACER
33

USCA Case Number 24-2265 for 31 Notice of Appeal filed by Stephan K. Bayens, Brenna Bird, Iowa Department of Public Safety, State of Iowa, Kimberly Reynolds. (vr) (Entered: 06/21/2024)

June 21, 2024

June 21, 2024

RECAP
34

USCA Scheduling Order as to 31 Notice of Appeal filed by Stephan K. Bayens, Brenna Bird, Iowa Department of Public Safety, State of Iowa, Kimberly Reynolds. (vr) (Entered: 06/21/2024)

June 21, 2024

June 21, 2024

RECAP
35

ORDER of USCA as to 31 Notice of Appeal filed by Stephan K. Bayens, Brenna Bird, Iowa Department of Public Safety, State of Iowa, Kimberly Reynolds. (vr) (Entered: 07/08/2024)

July 8, 2024

July 8, 2024

RECAP
36

ORDER of USCA RE: fee as to 31 Notice of Appeal filed by Stephan K. Bayens, Brenna Bird, Iowa Department of Public Safety, State of Iowa, Kimberly Reynolds. (vr) (Entered: 07/08/2024)

July 8, 2024

July 8, 2024

PACER
37

Documents Sent re 31 Notice of Appeal : Transcript of Evidentiary Hearing, entry 28 sent to the 8th CCA. (vr) (Entered: 07/10/2024)

July 10, 2024

July 10, 2024

PACER
38

NOTICE of Judgment [24-2376] advising Petitioner, Robert A. Heghmann is dismissed for failure to prosecute. Mandate to issue forthwith. (vr) (Entered: 08/21/2024)

Aug. 21, 2024

Aug. 21, 2024

RECAP
39

NOTICE of Mandate [24-2376] from the 8th CCA as to Petition filed by Robert A. Heghmann. (vr) (Entered: 08/21/2024)

Aug. 21, 2024

Aug. 21, 2024

PACER
40

Joint MOTION to Stay DISTRICT COURT PROCEEDINGS PENDING APPEAL by Stephan K. Bayens, Brenna Bird, Iowa Department of Public Safety, Kimberly Reynolds, State of Iowa.Motions referred to Stephen B. Jackson, Jr. Responses due by 9/11/2024. (Valencia, Patrick) (Entered: 08/28/2024)

Aug. 28, 2024

Aug. 28, 2024

RECAP
41

TEXT ORDER granting 40 Joint Motion to Stay District Court Proceedings Pending Appeal. The proceedings in this case are stayed pending the appeal to the United States Court of Appeals for the Eighth Circuit. Signed by Chief Magistrate Judge Stephen B. Jackson, Jr. on 8/29/2024. (jeb) (Entered: 08/29/2024)

Aug. 29, 2024

Aug. 29, 2024

PACER

Stay

Aug. 29, 2024

Aug. 29, 2024

PACER
42

Withdrawal of Attorney by Christopher A. Eiswerth. (Eiswerth, Christopher) (Entered: 01/17/2025)

Jan. 17, 2025

Jan. 17, 2025

RECAP
43

OPINION/JUDGMENT of USCA advising the district court ordergranting preliminary injunction in this cause is affirmed as to 31 Notice of Appeal filed by Stephan K. Bayens, Brenna Bird, Iowa Department of Public Safety, State of Iowa, Kimberly Reynolds Mandate to issue in 45 days.. (Attachments: # 1 Opinion, # 2 Judgment) (vr) (Entered: 01/28/2025)

Jan. 28, 2025

Jan. 28, 2025

RECAP
44

Withdrawal of Attorney by Kuntal Cholera. (Cholera, Kuntal) (Entered: 01/30/2025)

Jan. 30, 2025

Jan. 30, 2025

RECAP
45

Withdrawal of Attorney by Stephen Ehrlich. (Ehrlich, Stephen) (Entered: 01/30/2025)

Jan. 30, 2025

Jan. 30, 2025

PACER
46

NOTICE of Voluntary Dismissal filed by United States of America dismissing party All Defendants. (Lin, Jean) (Entered: 03/14/2025)

March 14, 2025

March 14, 2025

Clearinghouse
47

Notice of Withdrawal of Attorney

April 16, 2025

April 16, 2025

PACER
48

USCA Order

April 16, 2025

April 16, 2025

PACER
49

USCA Opinion/Judgment

1 Opinion

View on RECAP

2 Judgment

View on PACER

April 16, 2025

April 16, 2025

PACER

Case Details

State / Territory: Iowa

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Litigation and Investigations Involving the Government

Trump Administration 2.0: Litigation and Investigations Involving the Government (Immigration Enforcement)

Key Dates

Filing Date: May 9, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiff is the United States of America.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Iowa, State

Case Details

Causes of Action:

Declaratory Judgment Act, 28 U.S.C. § 2201

All Writs Act, 28 U.S.C. § 1651

Constitutional Clause(s):

Commerce Power

Supremacy Clause

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Immigration/Border:

Criminal prosecution

Deportation - criteria