Supreme Court of the United States · Official docket →
Brenna Bird, Attorney General of Iowa v. Iowa Migrant Movement for Justice, et al.
Paid petition · United States Court of Appeals for the Eighth Circuit, No. 24-2263 · judgment October 23, 2025
(petition-stage, structural)
About 2.2× the 4.1% base rate. The model weights this up for a state or local-government petitioner, a circuit split argued in the petition, and an Eighth Circuit decision below.
Questions presented
Iowa enacted Senate File 2340, which in part created a state law analogue to the federal crime of illegal reentry. Across its ten sections facially enjoined from being enforced by the courts below, SF2340 largely parallels federal immigration law. Though federal law includes some exceptions that SF2340 does not, the elements of the state crime of illegal reentry are coterminous with the federal illegal reentry crime and the state punishment does not exceed the federal punishment. The questions presented are:
-
Whether a plaintiff has standing to make a preenforcement challenge to the constitutionality of a state criminal statute when the only alleged injury in fact arises from declaredly unenforced applications of the statute.
-
Whether mere overlap of state and federal criminal immigration laws is sufficient to obstacle preempt state law on its face, when enforcement of the state criminal law could sometimes conflict with federal officials’ prosecutorial discretion to decline enforcement of the federal illegal reentry crime. (i)
Counsel of record
For petitioner
Eric Harris Wessan
Iowa Attorney General's Office
For respondent
Cody Hirt Wofsy
American Civil Liberties Union Foundation
Proceedings
- Sep 02 2026DISTRIBUTED for Conference of 9/28/2026.
- Aug 26 2026Reply of petitioner Brenna Bird, in her official capacity as Attorney General of Iowa filed.
- Aug 12 2026Brief amici curiae of U.S. Senator Ted Cruz, et al. filed.
- Aug 12 2026Brief amicus curiae of American Center for Law & Justice filed.
- Aug 12 2026Brief amicus curiae of Foundation for Government Accountability filed.
- Aug 12 2026Brief amici curiae of Oklahoma, et al. filed.
- Aug 12 2026Brief of respondents Iowa Migrant Movement for Justice, et al. in opposition filed.
- Aug 12 2026Brief amici curiae of Lt. Gen. Michael T. Flynn (ret.), et al. filed.
- Aug 12 2026Brief amicus curiae of Federation for American Immigration Reform filed.
- Jul 21 2026Motion to extend the time to file a response is granted and the time is extended to and including September 11, 2026.
- Jul 17 2026Motion to extend the time to file a response from August 12, 2026 to September 11, 2026, submitted to The Clerk.
- Jul 02 2026Petition for a writ of certiorari filed. (Response due August 12, 2026)
- Apr 14 2026Application (25A1130) granted by Justice Kavanaugh extending the time to file until July 3, 2026.
- Apr 07 2026Application (25A1130) to extend the time to file a petition for a writ of certiorari from May 5, 2026 to July 3, 2026, submitted to Justice Kavanaugh.