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By Zach Jensen,
State officials confirmed Monday that Winneshiek County Sheriff Dan Marx is being investigated for allegedly violating a section of Iowa Code related to federal immigration law.
Iowa Attorney General Brenna Bird launched the investigation in response to complaint filed by Iowa Gov. Kim Reynolds on Feb. 5. The governor claimed Marx violated Iowa Code on Feb. 4, when the sheriff’s office posted a letter authored by Marx on his office’s Facebook page, which the governor said “indicates the sheriff’s office will not comply with a detainer request from U.S. Immigration and Customs Enforcement, a federal law enforcement agency.”
Winneshiek County officials have been instructed by legal counsel not to provide comment for publication.
Marx prefaced his written remarks by saying he had “fielded a fair number of concerns” regarding the tactics of federal immigration officials and the role the Winneshiek County Sheriff’s Office might play in any potential enforcement actions in Winneshiek County.
A Jan. 22 executive order signed by President Donald Trump directed the U.S. Department of Homeland Security, the Department of Justice and the Department of State “to take all necessary action to immediately repel, repatriate and remove illegal aliens across the southern border of the United States,” according to a whitehouse.gov fact sheet.
“Through the exercise of his authority, President Trump has further restricted access to the provisions of the immigration laws that would enable any illegal alien involved in an invasion across the southern border of the United States to remain in the United States, such as asylum,” the executive order said.
Federal officials have also rescinded guidelines, which previously prevented personnel with Immigration and Customs Enforcement as well as Customs and Boarder Protection from conducting enforcement actions in what was referred to as sensitive area. Acting U.S. Department of Homeland Security Secretary Benjamine Huffman indicated in a Jan. 21 statement that such areas include schools and churches.
In his letter, Marx said that if a federal law enforcement office’s actions or paperwork “are within constitutional parameters,” such as proper and valid judicial warrants or court orders, his office will “assist if needed or requested to ensure their actions are carried out professionally and in the least intrusive fashion possible.” However, his letter went on to say that, if the federal office’s actions or paperwork are not within constitutional parameters, which Marx said includes “non-judicially vetted ‘detainers,’” his office “would make every effort to block, interfere and interrupt their actions from moving forward.”
“The only reason detainers are issued is because the federal agency does not have enough information or has not taken the time to obtain a valid judicial warrant,” Marx said in his letter. “Simply put, they are not sure they are detaining the right person and need more time to figure it out. For the person who could be held erroneously — or determined to be someone other than who ICE is seeking — there is a gross violation of rights at hand. Specifically, these detainers are violations of our Fourth Amendment protection against warrantless search, seizure and arrest, and our Sixth Amendment right to due process.”
The sheriff went on to say in his letter that he isn’t interested in “political agendas or propaganda stunts by either side” and that his role “is to be fair, impartial and constitutional.”
In a Feb. 5 Facebook post, Reynolds announced she had sent a letter to Marx and the Winneshiek County Board of Supervisors, reminding them to follow state and federal immigration law.
“Specifically, Iowa law provides a sheriff shall not adopt or enforce a policy or take any other action under which the sheriff prohibits or discourages the enforcement of immigration laws,” the letter from Reynolds said, citing Iowa Code chapter 27A. “Iowa law further requires that a sheriff shall not prohibit or discourage a law enforcement office from assisting or cooperating with a federal immigration officer as reasonable or necessary, including providing enforcement assistance.”
The governor’s letter went on to say she was filing a complaint regarding Marx with the Iowa Attorney General’s office, adding 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.”
Winneshiek County received approximately $7.5 million in funding from the State of Iowa in Fiscal Year 2023-24, an Iowa State Association of Counties report said.
Bird reiterated on Feb. 6 that counties and cities must comply with that section of Iowa law, “which specifically requires law enforcement to comply with ICE detainers or risk loss of state funding.”
State Rep. Steven Holt (R-Denison), who serves as chair of the Iowa legislature’s Judiciary Committee, weighed in on the topic through social media as well.
“His statement alone could violate state law by declaring not only that he will not cooperate but will impede immigration enforcement efforts,” said Holt said in a Feb. 9 post. “No one is threatening the county. The law is the law. If there’s not compliance, state funding could be withheld. That is a statement of fact.”
Bird said last week that her office has opened an investigation, and representatives of the Iowa Attorney General’s Office indicated Monday the investigation is meant to determine whether the complaint against Marx is valid.
Winneshiek County Attorney Andy Van Der Maaten confirmed he, Bird and Marx spoke by phone on Friday, Feb. 7, and Van Der Maaten said the AG’s investigation is continuing — the county attorney was unable to provide further details as to what was discussed during the Friday phone call.
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Sheriff Marx’s letter as submitted to the Decorah Leader
Editor’s note: The Winneshiek County Sheriff’s Office sent a copy of Marx’s letter to area news outlets, including the Decorah Leader, the afternoon of Feb. 4. Staff had already prepared the pages of the newspaper’s Feb. 6 edition for publication at that point, and Marx’s letter was initially slated for print in the Feb. 13 edition. The sheriff’s letter appears in full below.
People of Winneshiek County,
With the recent news, chatter and happenings surrounding federal agents from three letter agencies including ICE, FBI and others, I have fielded a fair number of concerns about their tactics and questions regarding the level of involvement or role the Winneshiek County Sheriff’s Office would play during such a visit or operation. 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. Hopefully, the following helps clear things up as to my position and the role of my office in these situations.
The elected sheriff (sheriff’s office) serves as the chief law enforcement officer/peace officer of each respective county. You can (and should) always contact us, or the respective sheriff’s office of the county you are in, to help navigate these situations should you find yourself or others in an encounter with any federal agents. We are always willing to assist with verifying credentials and the legitimacy of any paperwork federal agents should have to make certain your rights are not being abused.
Our sole oath and allegiance are to the Constitution and the protection of an individual’s rights. Therefore, if the fed’s actions and paperwork are within constitutional parameters (such as proper and valid judicial warrants/court orders) we will assist if needed or requested to ensure their actions are carried out professionally and in the least intrusive fashion possible. 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.
The only reason detainers are issued is because the federal agency does not have enough information or has not taken the time to obtain a valid judicial warrant. Simply put, they are not sure they are detaining the right person and need more time to figure it out. For the person who could be held erroneously (or determined to be someone other than who ICE is seeking), there is a gross violation of rights at hand. Specifically, these detainers are violations of our 4th Amendment protection against warrantless search, seizure and arrest, and our 6th Amendment right to due process.
You may say, “Those who entered our country illegally are not US citizens and, therefore, are not afforded constitutional rights!” But what if the person being held is a US citizen who happens to have the same name or shares other similarities with the subject of the detainer? Are you willing to sit in jail or a federal prison on an unconstitutional detainer with no right to due process until ICE clears your name? Or, if it were you or a loved one falsely arrested and/or detained, would you feel differently?
My office’s actions and involvement will solely be based on constitutional standards. They will not be based on opinions, politics or emotions.
Bottom line – due to my long-time stance on not recognizing detainers, I have acquired two labels from opposing political parties – both intended to negatively impact my reputation as sheriff. The first is “Sanctuary Sheriff” and the second is “Constitutional Sheriff.” Regardless of labels that others impose on me, I am uninterested in political agendas or propaganda stunts by either side. My job is to be fair, impartial, just and constitutional. Period. That is what I have done and will continue to do.
Thank you for your continued trust and confidence in me and my office to protect and defend your rights and freedoms.
Respectfully,
Sheriff Dan Marx
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The sherif was following the law. I appreciate his honisty! Our old govenor told him to break the law. I have NO RESPECT WHAT SO EVER FOR HER! I WILL NEVER TRUST HER!