Gary E.

Oldenburger
219 N. Court
Ottumwa, Iowa 52501-2518
Phone: (641) 683-0030
Fax: (641) 683-0039

Andrew J. Ritland
Stephen J. Swanson
Elizabeth A. Kenyon
Amy J. Hering
Samuel H. Huff IV

March 3, 2016
Statement Regarding Sanctuary Communities
Legislation has recently been introduced in the Iowa Legislature targeting sanctuary
communities in Iowa. A recent Des Moines Register article describes sanctuary communities
as cities or counties that have policies directing law enforcement agencies not to comply with
federal immigration laws. Bill seeks to prevent sanctuary areas in Iowa
http://www.desmoinesregister.com/story/news/politics/2016/03/01/bill-seeks-prevent-sanctuaryareas-iowa/81131864/ The article identifies Wapello County as one such sanctuary
community.
The use of the term sanctuary communities stems from a claim made by some political figures
that state and local law enforcement agencies are required by federal immigration law to hold
people in jail based on Immigration Detainers (DHS Form I-247) issued by the Department of
Homeland Security. Immigration Detainers are a request by DHS for the agency to hold the
person for an additional 48 hours beyond the time they would normally be released from jail to
allow DHS time to determine whether or not the person has legal immigration status. However,
federal immigration law does not require compliance with Immigration Detainers. The federal
regulations that authorize their use, 8 C.F.R. 287.7, describe Immigration Detainers as requests.
They are not mandatory in nature. Many federal agencies, including the Bureau of Prisons, do
not honor Immigration Detainers, and the U.S. Department of Justice has determined that state
and local law enforcement agencies are not required to honor them.
Immigration Detainers may be issued by an immigration officer without a finding of probable
cause that the person has violated immigration laws. Frequently, a person held on an
immigration detainer is later found to be a legal immigrant, or even to actually be a U.S. citizen.
For this reason, several U.S. district courts and appeals courts have found that local law
enforcement agencies have violated a detainees constitutional rights by holding them in jail on
the basis of an immigration detainer. Neither the United States Constitution nor the Iowa
Constitution allow the government to hold a person in jail without a finding of probable cause
that they have committed a crime. It is the duty of the County Attorney and the Sheriff to protect
the Constitutional rights of our citizens, not to violate them. That is why I have advised the
Sheriff not to hold people on Immigration Detainers unless the detainer has been approved by a
federal magistrate based upon a finding of probable cause. This approach complies with federal
immigration law while protecting the Constitutional rights of citizens and legal immigrants.

Gary E. Oldenburger,
Wapello County Attorney