Idaho House passes bill to allow law enforcement to engage in immigration regulation

BOISE (Idaho Capital Sun) — The Idaho House of Representatives on Monday voted to advance a bill allowing law enforcement to regulate unauthorized immigration. 

The Idaho House voted 61-9 along party lines to pass House Bill 83, which would allow law enforcement to record a person’s documentation status only if they are already detained or under investigation for a crime. If an individual involved in a crime is found to be living in Idaho without legal authorization, they would face a misdemeanor charge for “illegal entry.” A second offense would result in a felony charge, and a conviction would lead to deportation.

Bill sponsor Rep. Jaron Crane, R-Nampa, said it would require a $250,000 supplemental appropriation for the 2025 fiscal year, and a $1 million general fund appropriation for the 2026 fiscal year. The funds represent incarceration costs and transportation costs to take unauthorized immigrants from Idaho to the southern border, Crane told the floor.

“This isn’t going after people that don’t look like us or don’t speak our language,” cosponsor Rep. Bruce Skaug, R-Nampa, said. “This is going after people who are potentially involved in crimes … If somebody just gets a ticket and they weren’t involved in any kind of crime or crime scene at all, that’s a defense, then they would be off the hook.”

The bill now heads to the Senate for consideration. If approved by the Senate, it would need to avoid the governor’s veto to become law. The bill has an emergency clause, thus allowing it to take effect immediately upon getting signed into law.

Opponents concerned about constitutionality, harm toward immigrant community

Only Rep. Todd Achilles, D-Boise, testified against the bill, citing concerns that the bill could lead to a lawsuit. The bill is based on Texas’ Senate Bill 4, which has not yet taken effect as its passage resulted in a lawsuit against the state from the U.S. Department of Justice.

“Until we have the resolution on U.S. vs Texas, we’re likely walking into something that’s going to hit our Constitutional Defense Fund,” Achilles said. “And … we’re going to have some incremental expense around public defenders, which I don’t think is incorporated in the fiscal note. This bill needs more work to protect Idaho citizens, Idaho taxpayers and Idaho businesses.”

ACLU of Idaho Legal Director Paul Carlos Southwick shared concerns about the bill’s constitutionality, calling it “harmful” in a press release. 

“H.B. 83 is a copycat of Texas Senate Bill 4, which the Fifth Circuit Court of Appeals prevented from going into effect,” Southwick said in the release. “That court held that Congress has precluded any state regulation regarding immigration, ‘even if it is parallel to federal standards.’ For these reasons, H.B. 83 is a doomed piece of legislation that will not hold up in court.” 

Ruby Mendez-Mota, ACLU of Idaho’s campaign strategist, said the bill is rooted in racism, and Idaho’s unauthorized immigrant community deserves better.  

“The bill sponsors claim that bills like H.B. 83 only target people who have already allegedly committed crimes, but history shows that the application of laws like this only serves to foster false allegations and racial profiling,” Mendez-Mota said in the press release. “Our community is tired and angry at being labeled criminals deserving of suspicious scrutiny for simply living and working in Idaho.”

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