Congressman Steve King

Representing the 4th District of Iowa

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The Des Moines Public School Board to Violate the Constitution and Two Federal Laws

Feb 7, 2017
Press Release

Washington, D.C. – Congressman Steve King released the following statement concerning the Des Moines Public School Board introducing two unconstitutional immigration resolutions this evening:

“Today, the Des Moines Public School Board will be considering two immigration resolutions, including a “sanctuary” resolution that violates both the Constitution’s supremacy clause and two federal laws,” said King.  “Creating a policy that allows the school to refuse to cooperate and to prohibit all school employees from cooperating with ICE officials and their inquiries regarding students or their families, this resolution would be in direct violation of  8 U.S. Code 1373 which states no one shall  ‘prohibit, or in any way restrict…information regarding the citizenship or immigration status, lawful or unlawful, of any individual.’

This resolution could also lead to future criminal investigations by empowering the Superintendent to evade inquiries from ICE officials which would violate 8 U.S. Code 1324 that deals with harboring illegal aliens. This code clearly states if any person knowingly ‘harbors or shields from detection…in any place,’ they could ‘be fined under title 18, imprisoned not more than 10 years, or both.’ Not only does this resolution undermine the Rule of Law by obstructing ICE officials from enforcing the law, but it is also blatantly unconstitutional and could lead to a Class C or Class D felony conviction.  I am incredulous that the school board would come to this kind of motivation or conclusion given that the Trump administration has previously stated they will withhold any federal funds that would go to any sanctuary jurisdiction in America.

Motivated by pure political agenda, the second resolution asks the Iowa congressional delegation to support the BRIDGE Act and the 5,500 students in Iowa who have registered under the DACA program. I will never support the lawless actions of former President Barack Obama when he illegally instituted this program with a stroke of a pen, circumventing the Constitution and attempting to normalize criminal behavior."

Congressman King sent a letter with the above information to both Superintendent Thomas Ahart, Ed.D  and Chair Teree Caldwell-Johnson.

To view the letter, click here

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