(Des Moines) Two bills on human trafficking were approved by the Iowa House Thursday.
House File 572, passed 75-14, creates a new criminal offense for the act of human smuggling, defined as acts including transporting an individual with the intent to conceal them from law enforcement, encouraging or coercing a person to enter or stay in the U.S. by concealing or harboring them and assisting or directing two or more people to be on agricultural lands without the landowner’s consent. A similar bill was passed by the Iowa House in 2024 but did not survive in the Senate.
The crime of human smuggling would be charged as a class C felony, raised to a class B felony in cases involving minors, if the smuggling offense was committed for monetary gain, if the perpetrator knowingly possessed a firearm while committing the offense and in cases where a victim was put in a situation where they would likely face serious bodily injury or death. The crime would be a class A felony if the victim of the smuggling offense was sexually abused while they were being trafficked, and in cases where the victim suffers serious bodily injury or death.
Rep. Steven Holt, R-Denison, referenced recent reporting about six Guatemalan nationals, employees at Centrum Valley Farms who are suing the company alleging human trafficking, being denied overtime pay and threatened with deportation.
“If true, this is despicable, and if this legislation could assist going after those who are not only smuggling human beings and taking advantage of their vulnerabilities, but also engaging in activities that creates (forced labor) situations, this legislation is well worth passage,” Holt said.
The measure originally outlined these smuggling charges for cases involving a “noncitizen individual,” language that was amended to refer to a “person in violation of federal immigration laws.” Holt said the original language was too broad and could apply to people who are in the U.S. legally as noncitizens.
While Democrats spoke in support of the change, Lindsay James, D-Dubuque, said the language was still too broad and could cause problems for organizations providing aid to certain communities.
“We have all heard and seen the heartbreaking stories as Rep. Holt just referenced of people who are being trafficked or smuggled or who have been harmed and exploited, and this is deeply distressing,” James said. “We have also heard concerns from domestic violence and human trafficking service providers. We have heard from religious communities and even some lawyers who are concerned that the language of this bill may still be too broad, inadvertently penalizing service providers who are trying to provide aid to vulnerable people based out of their religious or humanitarian convictions.”
Holt said he had considered the concerns brought up by James and Rep. Megan Srinivas, D-Des Moines, but that he believed religious organizations or others providing services to people who are not in the U.S. legally would not be impacted by the bill, as the bill outlines that there must be “intent” to conceal a person, flee from law enforcement or encourage an individual to stay in the country illegally.
“What religious organizations are doing by feeding or providing shelter, or taking individuals not in the country legally to the church or to a store, does not meet the threshold of intent to conceal or flee,” Holt said. “If, in fact, a religious organization feels that it is their sincerely held religious belief that they would need to violate this law and in fact, conceal or flee with intent, then I do not believe a blanket exemption is appropriate that you could, I’m afraid, drive a semi through.”
He said the measure will allow law enforcement to more effectively address human trafficking operations, and will provide protections for both citizens and noncitizens in the country.
“There is nothing moral about human trafficking, sex trafficking, or labor trafficking, made possible by the smuggling and concealment of vulnerable people who, because of their status, fear they have no way out,” Holt said. “There is nothing moral or humane about any of that, nor is it moral that labor trafficking and sex trafficking are likely happening right under our noses in Iowa.”
The House also unanimously passed House File 649 Thursday, a bill that removes current language in Iowa Code defining human trafficking that requires the two parties involved have an “ongoing relationship.” The legislation was amended to include additional provisions allowing human trafficking charges to apply in cases where a law enforcement officer is posing as a victim or perpetrator of human trafficking, as well as expanding the definition of “victim” to include people “identified as being subjected to or targeted for human trafficking,” even if the offense has not yet occurred.
Rep. Mark Thompson, R-Clarion, also referenced the Centrum Valley Farms lawsuit in his closing comments on the bill, saying the issue was close to home as it happened in his home county of Wright.
“It’s been a long time since we got to this point,” Thompson said, saying that it was time “we start hammering these people and making sure they go to jail for doing what they’re doing to people that are much less capable of taking care of themselves in this type of environment. We owe it to our people that are less fortunate, we owe it to our law enforcement people, we owe it to our county attorneys, our prosecutors. Give them the tools to again, hammer these people.”
Both bills move to the Iowa Senate for further consideration.
