Sanctuary Cities in Iowa: Chapter 27A, Detainers, and SF 2340

There are no sanctuary cities in Iowa. State law prohibits them. Iowa Code Chapter 27A bars every city and county from adopting any policy, written or unwritten, that limits cooperation with federal immigration enforcement, and a local government that defies the ban can lose nearly all of its state funding.¹

What Chapter 27A Prohibits

The statute reaches all 99 counties and every municipality. It defines “local entity” broadly to include city and county governing bodies along with the officers and employees who work under them: sheriffs, police departments, city attorneys, and county attorneys.¹ Both formal measures like ordinances and resolutions and informal practices are covered. An unwritten directive from a police chief telling officers not to ask about immigration status violates the statute just as surely as a city council vote would.

Local officials cannot be prevented from asking a detained person about immigration status, sharing that information with ICE or USCIS, or otherwise cooperating with federal immigration officers. They also cannot be prevented from maintaining immigration-related records or exchanging that information with other government agencies.¹

Immigration Detainer Requirements

The most concrete day-to-day obligation under Chapter 27A involves immigration detainers. A detainer is a written request from the Department of Homeland Security asking a local jail to hold someone beyond their normal release date so federal agents can take custody, generally for up to 48 hours excluding weekends and holidays.²

Under Iowa law, a valid detainer must be in writing and accompanied by the proper DHS forms (Form I-200 or I-205) signed by an authorized ICE officer.³ When the paperwork is in order, sheriffs and jail administrators must honor the request and must notify federal authorities before the person is released. This holds true even if the person posts bond or the underlying state charges are dismissed. Correctional staff have no discretion to refuse. A detainer that lacks the required documentation, on the other hand, does not trigger the mandatory-hold rule.

How the Ban Is Enforced

Enforcement is complaint-driven. Any person, including a federal agency, may file a complaint with the Iowa Attorney General alleging that a local entity has violated Chapter 27A.¹ The complaint must come with supporting evidence, and the Attorney General pursues only intentional violations. A one-time administrative mistake does not qualify.

If the complaint is valid, the local entity receives written notice by certified mail and has 30 days to describe its corrective action.⁴ If the violation persists past 40 days, the Attorney General can sue in district court to force compliance.

A final court ruling that a local entity intentionally violated Chapter 27A triggers the real consequence. The jurisdiction becomes ineligible for state funds. The denial covers grants and aid across almost every category and applies for each fiscal year following the ruling.¹ The sole carve-out is funding for body armor used by law enforcement, which cannot be withheld. Under Section 27A.10, eligibility can be restored once the local entity shows the court it has come into full compliance.

For most Iowa cities and counties, losing state aid would be severe. That financial threat is what gives Chapter 27A its force; the statute does not impose criminal penalties on individual officials.

Protections for Crime Victims and Witnesses

Chapter 27A has an exception that matters to anyone deciding whether to call the police. Section 27A.7 limits the collection of immigration-related information from people who are victims of or witnesses to crimes, and Section 27A.6 contains a separate nondiscrimination provision.¹

Federal law reinforces that protection. Victims of serious crimes who cooperate with law enforcement may qualify for a U visa, and the application depends on a certification from a police department, prosecutor, or similar agency confirming the person’s cooperation. Victims of human trafficking have a parallel pathway through T nonimmigrant status, which allows them to stay in the country for up to four years while they cooperate with investigations.⁵ Nothing in Iowa’s statute overrides a local agency’s ability to sign those certifications.

Iowa’s 287(g) Agreement With ICE

Iowa has gone beyond the cooperation mandate. In March 2025, the Iowa Department of Public Safety signed a Memorandum of Agreement with ICE under Section 287(g) of the Immigration and Nationality Act.⁶ Under the agreement, designated state officers receive training and authorization to perform certain federal immigration enforcement functions themselves.

The 287(g) program operates separately from Chapter 27A. Chapter 27A prevents local governments from refusing to cooperate; the 287(g) agreement actively embeds immigration enforcement capability inside state law enforcement. In practice, encounters with Iowa state officers may now involve immigration screening that goes beyond simply responding to ICE detainers.

Senate File 2340 and Its Current Status

In 2024, the legislature passed Senate File 2340, creating new state criminal offenses for people who enter or remain in Iowa after being denied entry to or removed from the United States, and authorizing state courts to issue removal orders directing transport to a port of entry.⁷ The penalties were tiered by prior history:

Aggravated misdemeanor for unauthorized presence following a prior removal order, carrying up to two years in jail and a fine between $855 and $8,540.⁸
Class D felony where the removal followed two or more misdemeanor convictions involving drugs or crimes against a person, punishable by up to five years in prison and a fine between $1,025 and $10,245.⁹
Class C felony where the person was previously removed following a felony conviction, punishable by up to ten years in prison and a fine between $1,370 and $13,660.⁹

SF 2340 has never been enforced. A federal district court issued a preliminary injunction blocking the entire law before it took effect, and the U.S. Court of Appeals for the Eighth Circuit upheld that injunction, finding the law likely conflicts with federal immigration authority.¹⁰ The U.S. Department of Justice initially brought its own challenge on Supremacy Clause grounds and later dismissed it, but a private challenge by Iowa residents and advocacy organizations continued, and as of 2026 the case was moving toward a potential U.S. Supreme Court petition. Unless the injunction is lifted, no one in Iowa can be arrested or prosecuted under SF 2340.

1
Iowa Legislature. Iowa Code Chapter 27A – Enforcement of Immigration Laws
2
Immigration and Customs Enforcement. Immigration Detainers
3
Iowa Legislature. Iowa Code 27A.1 – Definitions
4
Iowa Attorney General. Iowa Code Chapter 27A – Local Enforcement of Federal Immigration Laws
5
U.S. Citizenship and Immigration Services. Victims of Human Trafficking: T Nonimmigrant Status
6
Immigration and Customs Enforcement. 287(g) MOA – Iowa Department of Public Safety
7
Iowa Legislature. Senate File 2340 – Illegal Reentry Into the State
8
Justia Law. Iowa Code 903.1 – Maximum Sentence for Misdemeanants
9
Justia Law. Iowa Code 902.9 – Maximum Sentence for Felons
10
Supreme Court of the United States. MMJ v. Bird – Application to Extend Time to File Cert Petition