Idaho bill allowing law enforcement to engage in immigration heads to House floor
Members of the Idaho House State Affairs Committee listen to proceedings at the Jan. 7, 2025, meeting of the committee at the Idaho Statehouse in Boise. From left to right are, Reps. Joe Palmer, R-Meridian; Jaron Crane, R-Nampa; and Clint Hostetler, R-Twin Falls. (Pat Sutphin for the Idaho Capital Sun)
A bill meant to regulate unauthorized immigration in Idaho is headed to the Idaho House floor.
On Wednesday, the Idaho House State Affairs Committee voted to advance House Bill 83 to the House floor with a recommendation that it pass. The bill would create a new crime known as illegal entry. A violation of being in Idaho without proper authorization would result in a misdemeanor charge, and a second occurrence would lead to a felony charge. However, law enforcement would only be allowed to take action regarding a person's immigration status if that person is already being detained or investigated for a separate crime.
The bill is an iteration of legislation first introduced in 2024, when sponsor Rep. Jaron Crane, R-Nampa, introduced it as a replica of a controversial Texas law allowing law enforcement to detain people suspected of not having legal authorization to be in the country. Crane's bill passed the Idaho House floor, but it died when the Idaho Legislature adjourned in April.
Crane introduced the bill again on Jan. 14, but he has since redrafted it after receiving feedback from Idaho homebuilders groups and the Idaho Dairymen's Association. The new iteration says law enforcement may get involved in immigration enforcement 'only when a person is detained or investigated for suspected commission of an independent crime.'
'The purpose of this legislation is to give our state and local law enforcement agencies the ability to work with the Trump administration and the federal agents in order to curtail this issue,' Crane told the committee.
Co-sponsor Rep. Bruce Skaug, R-Nampa, said the changes in the bill are to target unauthorized immigrants in Idaho who already have a criminal record, particularly people involved in gangs.
'We do not want our police to go searching through neighborhoods and (saying) 'we're looking for anybody that doesn't look like us,'' Skaug said. 'We don't want that. I spoke with our Sheriffs Association… They have no interest in that kind of enforcement, nor do they have the manpower.'
Skaug said the bill would not allow law enforcement officers to request proof of citizenship when stopping people for infractions.
'Crimes are not getting a traffic ticket,' Skaug said. 'That's an infraction. But if you're being investigated for an actual crime or charged with an actual crime, then you may be cited for the misdemeanor portion of this bill.'
Rep. Todd Achilles, D-Boise, said he appreciates the changes that have been done to the bill, but he said he is concerned that this bill is unconstitutional, and undermines the U.S. Constitution's Supremacy Clause which establishes immigration law as a federal matter. A lawsuit related to this bill would come at the expense of Idaho taxpayers, he said.
'There's plenty of precedent behind that,' Achilles said. 'So, how are we crafting this bill in a way where it's going to be treated differently from the Texas version that's in the courts right now?'
Skaug said he believes Idaho's bill is a better bill than Texas's bill, which immediately faced legal challenges from the U.S. Department of Justice and Immigration and immigration advocacy organizations that prevented it from taking effect, the Texas Tribune reported.
'I'm not worried about the Supremacy Clause on our bill, especially with the current administration and the changes that they're making,' Skaug said. 'I don't think we're gonna get sued by the federal government on this.'
Three people testified to the committee, all of whom were in favor, including Kootenai County Sheriff Bob Norris and Bob Naerebout, the director of government affairs for the Idaho Dairymen's Association.
According to the bill's fiscal note, its passage would require a $250,000 supplemental appropriation for the 2025 fiscal year, and a $1 million general fund appropriation for the 2026 fiscal year. Crane said the funds represent what it would cost law enforcement to transport unauthorized immigrants from Idaho to the southern border.
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