by Ruth Brown, Idaho Reports
The House State Affairs Committee advanced a bill on Thursday that would allow law enforcement to criminally charge and potentially deport undocumented immigrants in the state.
Immigration policy is traditionally handled by federal law, but HB 753, sponsored by Rep. Jaron Crane, R-Nampa, would create a new crime in state law.
Crane said this would allow local law enforcement agencies to act as border security for the state.
The bill would make the first instance of illegal entry into the state a misdemeanor, and the second instance a felony crime. If a person was charged and convicted of illegal entry, a magistrate judge would then issue a deportation order to the person’s country of origin.
Historically, only the federal government and federal courts can charge and deport an undocumented individual.
Crane introduced the bill on Wednesday, after a 2-1 court decision the previous day in Texas paused a very similar bill known as SB 4, according to the Texas Newsroom. The court’s decision halted the bill only hours after it was scheduled to go into effect. Proponents of the bill wanted to control illegal immigration, while opponents expressed concern about targeting minorities.
Crane said his bill intentionally mirrors SB 4. He argued that Idaho has an issue at the Canadian border, as well.
Julianne Donnelly Tzul, representing the ACLU of Idaho, opposed the bill. She called it unconstitutional, pointing to decisions from the Fifth Circuit Court.
“The power to control immigration is exclusively a federal power,” Donnelly Tzul said. “This is not going to survive litigation.”
Rick Naerebout, CEO of the Idaho Dairyman’s Association, also opposed the bill.
“You have clear indication that this bill is going to be found unconstitutional,” Naerebout said. “It attempts to grow government at the expense of Idaho taxpayers, invites unneeded litigation on the state, places unneeded burdens on local communities, and is clearly unconstitutional.”
Should the bill pass, its fiscal note projects a needed $250,000 supplemental appropriation for fiscal year 2024 and a $1 million one-time appropriation for fiscal year 2025 to aid enforcement costs for law enforcement, but the fiscal note states the costs “cannot be reliably predicted.”
Kootenai County Sheriff Robert Norris supported the bill.
“I am begging the Legislature to support this bill,” Norris said.
Norris said should it pass, law enforcement would not contact people without probable cause.
“Illegal immigration has hidden taxes on all of us,” Norris said. He pointed to schools, jails, and hospitals providing service to immigrants.
“We need more tools to address this problem,” Norris said.
The committee advanced the bill with only Rep. John Gannon, D-Boise, voting against it. Rep. Todd Achilles, D-Boise, was absent at the time of the vote. Achilles walked out of the hearing when chairman Rep. Brent Crane, R-Nampa, declined to allow him to ask a follow-up question on the bill.
Rep. Judy Boyle, R-Midvale, also introduced a wide-sweeping bill on illegal immigration in the House State Affairs Committee.
That bill would do several things, including prohibiting hiring of undocumented immigrants, mandating that medical facilities collect data on how many patients are not citizens, and mandate that public and private employers verify all employment eligibility.
Boyle’s bill must receive a public hearing before moving forward.
Ruth Brown | Producer
Ruth Brown grew up in South Dakota and her first job out of college was covering the South Dakota Legislature. She’s since moved on to Idaho lawmakers. Brown spent 10 years working in print journalism, including newspapers such as the Idaho Statesman and Idaho Press, where she’s covered everything from the correctional system to health care issues. She joined Idaho Reports in 2021 and looks forward to telling stories about how state policy can impact the lives of regular Idahoans.