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Iowa Enacts Law That Would Criminalize Illegal Reentry

18 Jun

Update Applicable to:Effective date
All employers with at least 1 immigrant workerJuly 1, 2024

What happened?

On April 10, 2024, Gov. Kim Reynolds signed into law Senate File 2340, making illegal immigration a state crime, and aiming to incentivize the onboarding of legal workers.

What are the details?

Key Bites

  • It is a new law related to illegal reentry by certain aliens (8U.S.C.§1101).
  • This law could significantly impact employers and the workforce, especially the availability of workers in industries where workers are mostly non-citizens or residents.
  • The law increases scrutiny of hiring practices.
  • Employers who hire individuals targeted by this law could potentially face legal challenges.
  • Compliance with this law may require substantial resources, impacting businesses, especially small and medium-sized enterprises.
  • Individuals who have been denied entry, deported, or removed from the U.S. and attempt reentry commit an aggravated misdemeanor under Section 718C.2.
  • The specific penalties for non-compliant employers are not explicitly stated, so legal consultation is recommended.

Business Considerations

  • Employers should ensure they are not employing individuals who have been previously denied admission, deported, or otherwise removed from the U.S. This can be done following the stablished employment eligibility process.
  • Given the potential legal challenges and penalties associated with non-compliance, it is recommended that employers consult with a legal expert to fully understand the implications of this law on their operations.

Source References

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This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.

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