(Iowa Capital Dispatch) – Immigrant rights and religious advocates at a Senate subcommittee meeting Tuesday said legislation establishing a new crime for the act of human smuggling could penalize people working with undocumented communities. The measure, House File 572, would establish human smuggling as a criminal offense, including acts of transporting a person in violation of federal immigration laws with the intent to conceal them from law enforcement, encouraging or coercing a person to enter or stay in the U.S. against the law by concealing or harboring them, and directing multiple individuals to be on agricultural lands without the landowner’s consent.

The crime would be charged as a Class C felony. A higher charge of a Class B felony would be brought in some cases, such as when the crime is committed for monetary gain, if the victim is put in danger of serious bodily injury or death, or if the case involves minors. A Class A felony charge would apply for situations where the victim is sexually abused and in cases where the crime results in the victim suffering serious bodily injury or death.

While advocates said no one is in support of smuggling, they said the bill could lead to people who work with immigrant communities being charged with “smuggling” crimes — and that Latino Iowans engaged in this work could be targeted by law enforcement. Multiple speakers with churches and religious organizations said their work — and their religious freedom to provide assistance to undocumented people — could also be impacted by the bill. Tom Chapman with the Iowa Catholic Conference said though Catholic teachings recognize the right of a country to maintain its borders, their religious practice also teaches providing help and services to newcomers, which could be penalized under the bill.

Elizabeth Balcarcel, a member of the Iowa Migrant Movement for Justice, was joined by other members of the organization April 1, 2025, while speaking in opposition to a bill creating a new criminal offense of human smuggling. (Photo by Robin Opsahl/Iowa Capital Dispatch)

Sen. Scott Webster, R-Bettendorf, argued that the bill will not have the effects that some advocates describe. He said some speakers were describing a 2024 bill that was passed by the Iowa House but did not survive in the Senate and which had much broader implications for groups serving immigrant communities. Webster said the 2025 legislation was much more “narrowly tailored” to address actual labor, sex and human traffickers, pointing to the fact that individuals must “knowingly” commit these crimes.

Though many speakers Tuesday said the bill would negatively impact immigrant communities, Sen. Julian Garrett, R-Indianola, said the measure is meant to provide protections to such groups. The bill came before the Senate subcommittee after passing the Iowa House 75-14 in March. During floor debate in the House, Rep. Steven Holt, R-Denison, said the measure was needed to address situations occurring in Iowa, such as the alleged human trafficking of six Guatemalan nationals at Centrum Valley Farms who claimed the company denied them overtime pay and threatened them with deportation.

Labor advocate groups said the measure would not necessarily help law enforcement stop labor trafficking in the state. Felicia Hilton with the North Central States Regional Council of Carpenters said measures that would increase enforcement worker compensation laws and other labor protections would more effectively uncover and penalize labor traffickers in Iowa.

The bill moved forward with support from Webster and Garrett. Sen. Izaah Knox, D-Des Moines, did not sign off on the bill. Webster told advocates he was open to amendments to the bill, but that he supported enacting harsher punishments for people committing these crimes.