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Iowa law letting authorities charge people facing deportation blocked for now
Des Moines, Iowa — A federal judge on Monday temporarily blocked an Iowa law that would have allowed law enforcement in the state to file criminal charges against people with outstanding deportation orders or who previously had been denied entry to the U.S.
U.S. District Court Judge Stephen Locher issued a preliminary injunction because he said the U.S. Department of Justice and civil rights groups who filed suit against the state were likely to succeed in their argument that federal immigration law preempted the law approved this spring by Iowa lawmakers. He stopped enforcement of the law “pending further proceedings.”
“As a matter of politics, the new legislation might be defensible,” Locher wrote in his decision. “As a matter of constitutional law, it is not.”
The Iowa law, which was set to take effect July 1, would let law enforcement file charges against people who have outstanding deportation orders or who previously have been removed from or denied admission to the U.S. Once in custody, migrants could either agree to a judge’s order to leave the U.S. or be prosecuted, potentially facing time in prison before deportation.
In approving the law, Iowa’s Republican-majority Legislature and Republican Gov. Kim Reynolds said they took the action because the administration of Democratic President Biden wasn’t effective in controlling immigration along the nation’s southern border.
In arguments last week before Locher, the state said the Iowa law would only enable state law enforcement and courts to apply federal law, not create new law. Federal authorities determine who violates U.S. immigration law, Patrick Valencia, Iowa’s deputy solicitor general, had argued, but once that is determined, the person also was in violation of state law.
“We have a law that adopts the federal standard,” Valencia said.
However, the federal government and civil rights groups said the Iowa law violated the federal government’s sole authority over immigration matters and would create a host of problems and confusion.
Christopher Eiswerth, a DOJ attorney, and Emma Winger, representing the American Immigration Council, said the new Iowa law didn’t make an exception for people who had once been deported but now were in the country legally, including those seeking asylum.
The law is similar but less expansive than a Texas law that was in effect for only a few confusing hours in March before it was put on hold by a federal appeals court’s three-judge panel.
The Justice Department has also announced it would seek to stop a similar law in Oklahoma.
Iowa Attorney General Brenna Bird said in statement that she would appeal the judge’s decision.
“I am disappointed in today’s court decision that blocks Iowa from stopping illegal reentry and keeping our communities safe,” Bird said. “Since Biden refuses to secure our borders, he has left states with no choice but to do the job for him.”
Reynolds issued a statement that also expressed frustration at the judge’s ruling and criticized Biden.
“I signed this bill into law to protect Iowans and our communities from the results of this border crisis: rising crime, overdose deaths, and human trafficking,” Reynolds said.
Rita Bettis Austen, legal director of the ACLU of Iowa, one of the organizations that filed the lawsuit, praised the judge’s decision, saying the law dumped a federal responsibility onto local law enforcement that wasn’t prepared to take on the role.
Bettis Austen called the law “among the worst anti-immigrant legislation in Iowa’s history,” adding that it “exposed even lawful immigrants, and even children, to serious harms – arrest, detention, deportation, family separation and incarceration by the state.”
CBS News
1 killed, 9 injured in shooting, fiery crash in Baltimore suburb of Towson, police say
BALTIMORE — One person was killed and nine others injured in a shooting and fiery crash in the Baltimore suburb of Towson Tuesday night, authorities said.
Law enforcement responded at around 7:15 p.m. in the 8500 block of Loch Raven Boulevard, Baltimore County Police Chief Robert McCullough said in a news briefing.
“It appears to be a mass shooting incident,” McCullough told reporters. “We have multiple persons who were shot. Right now, we are determining the circumstances and the conditions in this case.”
The first arriving officer found a vehicle on its side in flames near a funeral home, McCullough said, and then several gunshot victims were found in the area.
“There appears to be some type of incident that led to the vehicle crashing and catching on fire,” McCollough said. “Investigators are looking into the circumstances leading up to that.”
The name of the person killed and the manner of death was not released, nor were the conditions of the nine people injured. McCollough did not specify how many of the nine people injured were gunshot victims.
At this time, investigators believe this was an isolated and targeted incident, with no further threat to the community, he added. It’s unclear if any suspects have been arrested. There was no word on a possible motive.
“We will leave no stone unturned and we will dedicate every resource to this,” McCullough said. “We don’t generally see incidents like this in our community in Baltimore County. I assure you as your police chief that we will put all resources toward trying to clear this case.”
The Bureau of Alcohol, Tobacco, Firearms and Explosives was at the scene assisting police, as was the Baltimore County Fire Department.
“This is an incident that is shocking, particularly for those of us in Baltimore County,” said Baltimore County Executive Johnny Olszewski. “These types of incidents are unheard of here, so it really shocks the conscience. However, we want our residents to know that we are, as always, fully committed to ensuring that both our fire and police departments have the full support and all the resources they need from the Baltimore County government to ensure that they bring this investigation to a conclusion.”
Anyone with information is asked to call Baltimore County Police at 410-887-4636.
CBS News
Trump taps Herschel Walker for ambassador to the Bahamas
President-elect Donald Trump announced he will nominate Herschel Walker, the former football player whose 2022 Senate run was plagued by controversy, to serve as U.S. ambassador to the Bahamas.
“Herschel has spent decades serving as an Ambassador to our Nation’s youth, our men and women in the Military, and athletes at home and abroad,” Trump said on social media Tuesday night.
Walker would need to be confirmed by the Senate to assume the role. The Senate has not confirmed a U.S. ambassador to the Bahamas in over a decade. Former President Barack Obama had nominated Cassandra Butts for the role in 2014, but the Senate never even brought her nomination up for a vote, according to The Associated Press. She died in 2016.
Trump in his first term nominated Doug Manchester in 2017 for the ambassador role, but his nomination stalled for over two years. CBS News in 2019 also uncovered evidence of a possible pay-to-play scheme for the role. He eventually withdrew and Trump went on to nominate William Douglass in 2020. Douglass’ nomination was withdrawn by President Biden when he took office, and Mr. Biden in turn nominated Calvin Smyre, who has not been confirmed by the Senate.
Absent an official ambassador to the Bahamas, Kimberly Furnish currently serves in the role of Chargé d’Affaires.
Walker rose to national prominence as a star running back for the Georgia Bulldogs, winning the Heisman trophy in 1982. He spent his first few years of professional ball in the United States Football League before it folded, and then moved on to the NFL.
Walker reentered the national spotlight when, at Trump’s urging, he challenged Georgia’s Democratic Senator Raphael Warnock for his seat in 2022. The race featured several controversies, including two women claiming that Walker — who was running as an anti-abortion candidate — had paid for them to get abortions.
Walker denied both allegations.
In one instance, Walker admitted to writing a check for a woman who said he paid for her to get an abortion in 2009, but he said he hadn’t known what the money was for.
Another woman claimed Walker paid her to get an abortion while the two carried out a six-year relationship while he was married to another woman and playing in the NFL. During a news conference back in 2022, she said she couldn’t go through with the procedure when she went to get it herself, so Walker took her to a clinic in the Dallas area the next day and waited for her while she got the abortion.
“This was a lie a week ago and it is a lie today,” Walker said at the time following an interview the woman gave a week after the initial news conference.
Warnock would go on to win the election in a runoff after neither candidate received more than 50% of the vote on election day.
Aaron Navarro and
contributed to this report.
CBS News
1 killed, 9 injured in mass shooting in Baltimore suburb of Towson, police say
BALTIMORE — One person was killed and nine others injured in a mass shooting in the Baltimore suburb of Towson Tuesday night, authorities said.
Law enforcement responded at around 7:15 p.m. in the 8500 block of Loch Raven Boulevard, Baltimore County Police Chief Robert McCullough said in a news briefing.
“It appears to be a mass shooting incident,” Baltimore County Police Chief Robert McCullough told reporters. “We have multiple persons who were shot. Right now, we are determining the circumstances and the conditions in this case.”
The first arriving officer found a vehicle on its side in flames, McCullough said, and then several gunshot victims were found in the area. The name of the person killed was not released, and the conditions of the nine people injured was unknown.
At this time, investigators believe this was an isolated and targeted incident, with no further threat to community at this point, he added. It’s unclear if any suspects have been arrested.
The Bureau of Alcohol, Tobacco, Firearms and Explosives is at the scene assisting police, as was the Baltimore County Fire Department.
Anyone with information is asked to call Baltimore County Police at 410-887-4636.
This is a developing story and will be updated.