Iowa Attorney General Brenna Bird has filed a lawsuit against a northeast Iowa lawman she calls a “sanctuary sheriff.”
Bird is accusing Winneshiek County Sheriff Dan Marx of discouraging law enforcement from cooperating with federal immigration authorities.
In a February 4th Facebook post, Marx said immigration detainer requests aren’t always reviewed by a judge and he’d “block, interfere and interrupt” unconstitutional actions. Bird gave Marx an ultimatum to take the post down and replace with a retraction she authored by 5 pm Wednesday (03.26). Marx and the County did not comply with that deadline and Bird said the sheriff’s refusal to do so gave her no choice but to take the case to court.
Thursday (03.27), Sheriff Marx announced that his February post on Facebook had been removed, but Bird’s proposed retraction statement was “not acceptable to the county,” thus it was not posted. Marx said, “To demonstrate good faith, we chose to take the post down, and for the sake of transparency to the people of Winneshiek County, we are posting, below, our February 14, 2025, response to the AG’s request for information.”
Also in that new statement on the Winneshiek County Sheriff’s Office Facebook page, Marx says he “has been and will remain in compliance with state and federal immigration laws — while staying true to the constitutional protections afforded to the citizens of Winneshiek County.”
Winneshiek County stands to lose all state funding if it winds up on the losing side of the case.
As of 5 pm Friday (03.28), Bird’s retraction had not been posted on the WCSO Facebook page.
Dan Marx Facebook Post Statement (02.04.25):
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,
Attorney General Brenna Bird’s statement she wants posted by Marx:
People of Winneshiek County,
The Winneshiek County Sheriff’s Office fully complies with all state and federal law. We cooperate with ICE, FBI, and others under both state and federal law. Iowa law requires full and complete cooperation with federal immigration authorities. We follow that law. We will always comply with ICE detainers and, at least since November 26, 2018, we have done so.
This post serves as formal revocation of my earlier February 4, 2025 post. Since we adopted our official policy that we will comply with ICE detainers, we have complied with all 21 ICE detainers that ICE has made with our office. We will continue to comply with every ICE detainer request made in Winneshiek County.
On February 4, I posted a message on Facebook that implied we would not fully comply with state and federal law. I have deleted that message, which I disavow. It was wrong. It made many incorrect statements regarding my Office’s policies on ICE detainers. This message explaining that the Winneshiek County Sheriff’s Office has always complied with every single ICE detainer made and will continue to comply, as required by both state and federal law, replaces that message.
My office has a long-time stance on recognizing and complying with ICE detainers. We will continue to do so.
Respectfully, Sheriff Dan Marx
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