In an order list released Monday, the U.S. Supreme Court invited the Solicitor General to file a brief expressing the federal government’s position on an Iowa statute that authorizes local officers to arrest non-citizens who have been previously deported. A lower-court injunction has blocked the law since April, and Iowa officials are asking the justices to let enforcement proceed. The request for the SG’s input—known as a “CVSG” (call for the views of the Solicitor General)—signals that at least some justices view the case as a significant test of state versus federal power over immigration enforcement. Business-immigration attorneys worry the law could foreshadow a patchwork of state-level criminal penalties that expose foreign employees to unexpected arrest risks while traveling for work. If the Court ultimately grants review, companies may need to update travel-risk matrices for employees who transit or work in Iowa, mirroring protocols already used for Texas and Florida, which have adopted similarly aggressive statutes. Mobility managers are advised to monitor the SG brief—expected early next year—for clues on whether the Biden administration will defend exclusive federal authority or concede limited state roles. For now, the injunction remains in place, so no immediate compliance action is required. Nevertheless, relocation providers should brief assignees on the political sensitivity of immigration status checks in certain jurisdictions and reinforce the importance of carrying proper documentation during domestic travel.
Source: Law360
