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Iowa AG says Winneshiek Co. Sheriff violated law with Facebook post, must 'clarify' post


FILE - Iowa Republican Attorney General candidate Brenna Bird speaks during a Republican Party of Iowa election night rally, Tuesday, Nov. 8, 2022, in Des Moines, Iowa.  The Iowa Attorney General's Office has, at least for now, halted its longstanding practice of paying for emergency contraception, and in rare cases abortion, for victims of sexual assault. A spokeswoman for Bird, who was elected in November, told the Des Moines Register that the pause is part of a review of victim services.(AP Photo/Charlie Neibergall, File)
FILE - Iowa Republican Attorney General candidate Brenna Bird speaks during a Republican Party of Iowa election night rally, Tuesday, Nov. 8, 2022, in Des Moines, Iowa. The Iowa Attorney General's Office has, at least for now, halted its longstanding practice of paying for emergency contraception, and in rare cases abortion, for victims of sexual assault. A spokeswoman for Bird, who was elected in November, told the Des Moines Register that the pause is part of a review of victim services.(AP Photo/Charlie Neibergall, File)
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Citing a new state immigration law, Iowa Attorney General Brenna Bird is threatening to cut state funding for Winneshiek County if Sheriff Dan Marx does not delete a Facebook post from last month and replace it with another 'clarifying' post.

Bird is taking aim at Marx's Feb. 4 post on Facebook that detailed how his staff would not help ICE or the FBI with immigration detainers, if he believed the requests were unconstitutional. Marx previously said his office's oath and allegiance lies with the constitution and the protection of individual rights, and if the fed's actions and orders fall within those parameters, they'll cooperate.

In Bird's new report, Marx said his office complied with 21 ICE detainers and her office was confirming that is the case.

But she says the post itself violates Iowa's new immigration law, which bans state law enforcement from discouraging cooperation with federal immigration authorities.

"While the Winneshiek County Sheriff’s Office complied with the ICE detainers, the Attorney General’s Office has determined that fixing the legal violation requires action," Bird's report said. "First, the Sheriff must delete the offending Facebook post. Second, to correct the discouragement he must make a new post with substantially the following language."

You can read Bird's suggested replacement post on page 8 in the pdf below.

Iowa's News Now has reached out to the Winneshiek Co. Sheriff about Bird's report. We'll update this story when we hear back from him.


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