By Ruth Brown, Idaho Reports
The Idaho House of Representatives passed a bill in a 53-15 vote Friday that would allow local law enforcement to detain and potentially deport undocumented immigrants.
Sponsored by Rep. Jaron Crane, R-Nampa, HB 753 would add to state law a criminal charge of illegal entry to the state. Immigration law is traditionally handled by federal law, and several legislators mentioned in debate that it is unconstitutional for the state to enforce immigration law.
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.
Crane repeatedly said law enforcement would only ask a person for proof of documentation if they had probable cause, or the person had committed a crime.
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.
Crane’s bill is directly modeled after the controversial Texas bill.
Rep. Chris Allgood, R-Caldwell, is a former police officer and said if a person is believed to be illegally in the state and comes into contact with an officer, they would be brought in, fingerprinted, and photographed. He did not believe they would be detained, as jails are already nearing capacity.
Rep. Lauren Necochea, D-Boise, said the bill is unenforceable, arguing that Texas and Arizona have failed to implement similar bills.
“If it were enforceable, I can’t think of anything that would tank our economy faster,” said Necochea.
She stressed that there are undocumented immigrants in the state already, working and contributing to the economy.
Rep. Dale Hawkins, R-Fernwood, supported the bill, arguing it wasn’t about jobs or agriculture.
“This bill is about giving law enforcement the tools they need to do their job properly,” Hawkins said.
Two lawmakers shared stories about family members who had been in car accidents involving a driver who was or may have been undocumented. If this law had been in place, they said, it could have helped prevent the situation.
Other lawmakers, including Rep. Doug Pickett, R-Oakley, took opposition to the bill’s introduction this late in the legislative session.
“This is not targeting any demographic,” said Crane. “If you’re here legally, you have nothing to worry about.”
Reps. David Cannon, R-Blackfoot; Clay Handy, R-Burley; Steve Miller, R-Fairfield; Jack Nelsen, R-Jerome; and Pickett joined Democrats in “no” votes.
The bill now heads to the Senate.