Iowans could now see jail time for human “smuggling,” a new crime created under a bill passed on Thursday by Iowa House Republicans.
The bill, House File 2608, would make it a class “C” felony to transport undocumented immigrants for gain or with the intent to conceal them from law enforcement, punishable by up to 10 years in prison.
If the person being smuggled is seriously injured, killed, or sexually abused, it would be a class “A” felony, punishable by up to life in prison without parole. If the person being smuggled is under 18, a gun is involved, or if the person is being smuggled for monetary gain, it would be a class “B” felony, punishable by up to 25 years in jail.
The bill is one of a handful of proposals by Iowa House Republicans to attempt to deal with record-high border crossings at the U.S.-Mexico border.
“There is nothing moral about what is happening on our border,’ Rep. Steven Holt, R-Denison, said. “Human trafficking, sex trafficking, and deadly drugs entering our nation and state at an alarming rate.”
Democrats say the issue is not one for Iowa lawmakers to tackle. Instead, they say House Republicans should encourage their federal lawmakers to support President Joe Biden’s proposed border deal.
“I think we can all agree that the immigration system needs some work,” Rep. Lindsay James, D-Dubuque said. “There has been bipartisan legislation. Legislation worked out across the line on the federal level that imploded because of the politics of Donald Trump and the Republican-do-nothing-Congress. We shouldn’t even be having this discussion today.”
Democrats also pointed out the bill’s broad definitions, and how it could affect someone who unknowingly picks up an undocumented immigrant.
“The definitions are very, very, very broad,” Rep. Rick Olson, D-Des Moines, said. “It’s an umbrella that’s going to catch way too many people in theory at least, and it needs work.”
During the subcommittee meeting on the bill, where lawmakers solicit public feedback, several nonprofits that provide aid to women escaping domestic violence and Catholic charities that help asylum seekers stated they could be prosecuted under the bill for transporting undocumented immigrants without their knowledge.
Holt dismissed those concerns and said there is always ambiguity in criminal statutes, and said prosecutors have the discretion to bring charges or not. He also said the bill requires those committing the crime to do so knowingly and “for benefit.”
“The fact of the matter is any legislation that we pass related to law enforcement can sometimes be construed a certain way,” Holt said. “That’s why we have prosecutorial discretion. That’s why we have law enforcement discretion. But that’s also why we added words to the human smuggling component that spoke about taking payment or having a benefit to address those concerns.”