Winneshiek County Sheriff Dan Marx is under investigation by Iowa Attorney General Brenna Bird for potentially violating state law by resisting Immigration and Customs Enforcement (ICE) detainment requests. Sheriff Marx publicly stated his intention to obstruct ICE actions he deems legally unsound, specifically referencing “detainers” which he considers unconstitutional requests rather than judicially approved warrants.
This stance has sparked controversy, with Iowa Governor Kim Reynolds issuing a statement emphasizing that state law mandates cooperation with federal immigration authorities. The governor pointed out that sheriffs are legally obligated to assist ICE officers and are prohibited from implementing policies that obstruct immigration law enforcement.
The core issue revolves around the interpretation and legality of ICE detainers. These requests ask local law enforcement to hold individuals for up to 48 hours beyond their scheduled release, allowing ICE to determine if they should be taken into federal custody for deportation. Sheriff Marx argues against the constitutionality of these detainers, while state officials maintain that complying with them is a legal requirement.
Attorney General Bird confirmed the investigation into Sheriff Marx’s actions, highlighting Iowa Code Chapter 27A, which compels law enforcement agencies to comply with ICE detainers. Non-compliance could result in the loss of state funding. The Attorney General’s office received a formal complaint from Governor Reynolds, prompting the investigation. Sheriff Marx’s office has not yet responded to requests for comment on the matter.
Iowa Republican Attorney General candidate Brenna Bird speaks during a Republican Party of Iowa election night rally, Tuesday, Nov. 8, 2022, in Des Moines, Iowa. ((AP Photo/Charlie Neibergall))
Iowa attorney general Brenna Bird speaks during the second day of the 2024 Republican National Convention, July 16, 2024. (Photo by Patrick T. Fallon / AFP) (Photo by PATRICK T. FALLON/AFP via Getty Images)
