A county sheriff in northeast Iowa recently issued a statement rejecting federal immigration detainers and vowing to block enforcement efforts he deems unconstitutional. As the state launches an investigation and threatens funding cuts to the county, Johnson County leaders have yet to say whether they will take a similar stance.

On Feb. 4, Winneshiek County Sheriff Dan Marx issued a statement regarding the role of his department with President Donald Trump’s promised mass deportation plans and increased activity from the U.S Immigration and Customs Enforcement, or ICE, and other federal agencies.

“Given what we have seen from these agencies, I share your mistrust and many of your concerns with the legitimacy of how these federal agents conduct business,” Marx wrote.

After clarifying that the department will assist and comply with federal agencies acting within the bounds of the constitution, Sheriff Marx stated they will only comply if the actions are within the rules of the constitution. 

“If their actions or paperwork are not within constitutional parameters, such as non-judicially vetted ‘detainers,’ which are very different than warrants and are simply an unconstitutional ‘request’ from ICE or other three-letter federal agency to arrest or hold someone, then we will make every effort to block, interfere and interrupt their actions from moving forward,” Marx wrote.

The sheriff asserted that ICE detainers violate constitutional protections by allowing warrantless arrests and potential wrongful detention, emphasizing his long-time stance on not recognizing them.

“My office’s actions and involvement will solely be based on constitutional standards. They will not be based on opinions, politics, or emotions,” Marx wrote.

The day after Marx issued his statement, Iowa Gov. Kim Reynolds filed a complaint, triggering Iowa Attorney General Breanna Bird to launch an investigation. 

In a letter Reynolds sent to Marx and the Winneshiek County Board of Supervisors on Feb. 5, the governor noted Marx’s directive is in violation of Iowa Code 27A, which states that a sheriff shall not adopt or enforce any law, policy, or other action prohibiting or discouraging enforcement of immigration laws.

“Understand that a sheriff and county can become ineligible to receive any state funds if the local entity is found to have intentionally violated the provisions of chapter 27A,” Reynolds wrote.

While Johnson County supervisors Rod Sullivan, V Fixmer-Oraiz, Lisa Green-Douglass, and Mandi Remington did not respond to The Daily Iowan’s request for comment on how Johnson County plans to respond to local ICE activity, Jon Green, chair of the Board of Supervisors, confirmed that he is aware of the situation in Winneshiek County.

“I’m following developments in Washington with dread and those in Winneshiek County with keen interest,” Green wrote in an email to the DI.

As for law enforcement, Johnson County Sheriff Brad Kunkel said that Trump’s prioritization of immigration enforcement will not change his office’s day-to-day responsibilities or commitment to protecting all Johnson County residents.

“I have worked hard to build trusting relationships with the migrant community, and that work never stops,” Kunkel wrote in an email to the DI. “Migrants are valuable members of our community, and I want to ensure they feel safe calling my office when they need help in an emergency.”

Kunkel also provided additional context about Iowa Code chapter 27A, including that the law also prohibits law enforcement from asking victims of a crime about their immigration status or nation of origin unless it is pertinent to the investigation.

“This code clearly states that a detainer request must be accompanied by a warrant or removal order and that law enforcement shall fully comply with the request,” Kunkel wrote. “A detainer alone is not enough. In short, Iowa Code is very clear and my office will follow the law.”

Lee Hermiston, public information officer for the Iowa City Police Department, also emphasized that Trump’s deportation plans do not change the priorities of Iowa City police.

“The mission of the Iowa City Police Department remains unchanged: to work with all members of the community, to protect with courage and compassion, and to empower all victims of crime,” Hermiston wrote in an email to the DI. “We are not involved with matters involving immigration, and questions about federal enforcement efforts would best be answered by our federal partners.”

Hermiston clarified that the department’s policy requires officers to respond to assistance requests from other law enforcement agencies based on available resources and departmental policies.

“Federal agencies are not required to notify ICPD of any operations,” Hermiston wrote.

The University of Iowa and UI’s Campus Safety Department did not respond to the DI’s request for comment regarding whether ICE is welcome on the UI campus.

RELATED: Protest erupts in downtown Iowa City against Trump’s latest deportation plans

While the current members of Iowa City City Council did not respond to the DI’s request for comment, Ross Nusser and Oliver Weilein, the candidates vying for one open seat on the city council, have expressed strong and opposing views.

In a Jan. 31 statement on Facebook, Nusser warned that resisting ICE could cost Iowa City millions in state funding and urged local leaders to take a strategic approach rather than reckless defiance. Nusser elaborated on his position in an email to the DI. 

“I hate that immigrants have been put in this terrifying situation. We need to find ways to support them,” Nusser wrote. “When there are constitutional and state law issues involved, we need to fight smart. A misstep could backfire, exposing our immigrant population to more danger.”

Weilein, during a Jan. 27 candidate forum, said protecting marginalized communities, including immigrants, would be one of his top priorities if elected. Weilein also participated in a Feb. 3 protest in downtown Iowa City, resisting Trump’s mass deportation plans.

In past years, Weilein has posted about ICE on X, highlighting instances of migrants in Iowa experiencing problems with the agency, and posting in 2019 that he removed signs posted around Iowa City that read, “Keep Iowa Nice, Call ICE” with signs reading, “Keep Iowa Nice, Abolish ICE.” In a more provocative tweet from 2018, Weilein called ICE agents pigs and “evil fu*king traitors.”

In an email to the DI, Weilein described ICE as “an organization that shouldn’t exist that tears apart families and causes unimaginable grief and suffering.” He said local leaders have a duty to protect immigrants, starting with ensuring they have access to education on their rights.

“Donald Trump’s leader of ICE even said that ‘citizens knowing their rights’ has been a huge barrier to his thugs being able to take members of our communities,” Weilein wrote. “We need to provide our local grassroots organizations the education and tools they need to combat this on the ground in a variety of ways.”

Regarding potential policy, Weilein pointed to Iowa City’s 2020 mask mandate as an example of how the city can use strategic wording to pass policies that defy state mandates. He also underscored his personal commitment.

“If we set our mind to it and make it the priority that it should be, we can find a way,” Weilein wrote. “Also, if it comes down to it, I am not willing to sell out a single one of our community members for a dollar amount. We must resist fascism, not be compliant or be collaborators.”