Much of Bird’s initial claim centered around social media comments by Winneshiek County Sheriff Dan Marx, who, in a Facebook post, suggested that his department is not always required to detain people upon request of federal immigration authorities.
Iowa Attorney General Brenna Bird has announced that she will move to dismiss a lawsuit accusing Winneshiek County Sheriff Dan Marx of discouraging deputies from complying with federal immigration enforcement-related requests.
According to The Associated Press, Bird took legal action against Marx in March.
Much of Bird’s initial claim centered around social media comments by Marx, who, in a Facebook post, suggested that his department is not always required to detain people upon request of federal immigration authorities.
Marx later deleted his post—and an investigation spearheaded by Bird’s own office found that the sheriff had complied with each of the nearly two-dozen detainer requests received from U.S. Immigration and Customs Enforcement.
Despite having apparent evidence of Marx’s law-abiding approach to immigration enforcement, Bird nonetheless chose to sue.
The Associated Press notes that, shortly after President Donald Trump took office in January, Marx told constituents that he shares some of their “mistrust and many of [their] concerns with the legitimacy of how these federal agents conduct business.” He also said that immigration detainers submitted without prior court approval could constitute “violations” of detainees’ constitutional rights.
Marx defended his position by repeatedly stating that his office’s oath requires allegiance to the Constitution. If and when the federal government’s policies align with the Constitution, Marx said, his office will comply with any and all detainer requests received.
Thomas Hansen, a local Republican Party official from Winneshiek County, told CBS2-Iowa that Attorney General Bird’s lawsuit appears to have been filed, in part, because Marx refused to publish a scripted apology.
“[Bird] wanted him to write an apology. He didn’t want to write one, so she wrote on and said put his name on it. He said no,” Hansen told CBS2-Iowa. “That’s the big sticking point right now, and I think that’s very silly and just needs to go away.”
Earlier this month, some of Marx’s supporters—including Hansen, other local Republicans, and local Democrats—rallied outside of a Winneshiek County archery shop, which was, at the time of the event, being toured by Attorney General Bird.
Ellen Rockne, a local member of the Democratic Party, said that everyone, no matter their political affiliation, should be able to support Marx’s commitment to upholding constitutional principles.
“I think we can all stand behind the First Amendment and freedom of speech,” she told CBS2-Iowa. “It’s a fundamental right for all citizens of our country.”
Both Rockne and Hansen said they decided to rally for Marx, in part, because they share the belief that he’s doing the best he can for his county and constituents.
“A lot of it has to do with the integrity of Sheriff Dan and who we know him to be and how well he serves our county,” Rockne said. “It’s unconscionable that the state is bullying not only him, but our whole county.”
“We support that our sheriff is a constitutional sheriff and has served us very well up here in Winneshiek County,” Hansen said. “We’re here to support him so that maybe some more amicable solution may be found to [the lawsuit].”
On Friday, Bird’s office caved, announcing that the lawsuit has been dismissed because Marx has “now fully complied” with the federal and state immigration-related policies.
“Winneshiek County and Sheriff Marx are in compliance with [Iowa Code],” Bird said in a statement announcing the lawsuit’s dismissal. “They have committed to continue to honor ICE detainers and cooperate with federal immigration authorities.”
Sources
Iowa attorney general to end lawsuit against a sheriff over his immigration post
Winneshiek County residents speak out in support of sheriff amid AG Brenna Bird lawsuit
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