Kim Reynolds threatens Northern Iowa sheriff who told ICE commandos to act lawfully

DES MOINES – As immigration cops descend upon communities across America to weed out illegal aliens, a Northern Iowa sheriff said they need to act within the bounds of the Constitution, prompting Kim Reynolds to send him a letter riddled with threats, including turning him into Brenna Bird and withholding state funds.

Letter from Winneshiek County Sheriff Dan Marx:

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

Letter from Kim Reynolds, sent Feb. 5, 2025:

Dear Supervisors and Sheriff Marx:

It has come to my attention that on February 4, 2025, the Sheriff posted the attached letter on social media which indicates the sheriff’s office will not comply with a detainer request from U. S. Immigration and Customs Enforcement, a federal law enforcement agency.

I direct your attention to Iowa Code chapter 27A on enforcement of immigration laws. 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. Iowa law further requires that a sheriff shall not prohibit or discourage a law enforcement officer from assisting or cooperating with a federal immigration officer as reasonable or necessary, including providing enforcement assistance.

Based on the sheriff’s posted policy, this letter shall be treated as a complaint I am filing with the attorney general pursuant to Iowa Code §27A.8. 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.