DES MOINES, Iowa — Iowa Attorney General Brenna Bird announced on Thursday that her office is suing Winneshiek County Sheriff Dan Marx for allegedly violating the state sanctuary county law.

The lawsuit is in response to a formal complaint made by Governor Kim Reynolds over a post that Sheriff Marx made to Facebook that Bird alleges violates the state’s sanctuary county law. The law in question was signed by Reynolds in 2018 and prohibits a local entity from adopting or enforcing policies that “discourages the enforcement of immigration laws,” among other things.

The suit alleges that Sheriff Marx violated that law with his post, which outlined his concerns with federal agencies like ICE and their use of detainers. The post claimed that if an agency’s actions or paperwork regarding an immigration concern doesn’t follow constitutional parameters, like a judicial warrant or court order, then he and his office would work to block the agency’s actions. The post goes on to say that the detainers utilized in immigration cases violate 4th Amendment protections against warrantless search, seizure, and arrest, and violate the 6th Amendment right to due process.

An investigation conducted by Bird’s office found that the post violated the sanctuary law, and gave the sheriff until Wednesday at 5 p.m. to remove the original post and issue a clarifying post stating he and his office would comply with ICE detainers. The AG said if he didn’t follow these steps, the county could be at risk of losing state funding.

“Sanctuary counties are illegal under Iowa law,” Bird said in a statement. “Sheriff Marx was given the chance to retract his statement, follow the law, and honor ICE detainers, but he refused — even at a cost to his home county. He left us no choice but to take the case to court to enforce our laws and ensure cooperation with federal immigration authorities.”

On Thursday, Sheriff Marx released a statement on Facebook in response to the lawsuit explaining that the county decided to remove the original post, but would not replace it with the scripted statement provided by the AG as it was determined to not be acceptable to the county.

“Sheriff Marx’s response outlines how Winneshiek County has been in compliance with Iowa Code Chapter 27A while protecting the constitutional rights of our citizens. The response also confirms the Sheriff’s Office commitment to remain in compliance with State and Federal immigration laws while staying true to the Constitutional protections afforded the citizens of Winneshiek County.

While we are disappointed and disagree with the Attorney General’s conclusion, we remain confident that this issue can be resolved. Thank you for your continued support.

Winneshiek County Sheriff’s Office

The full lawsuit can be read below:

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