Idaho sees two new immigration bills

BOISE — House and Senate members on Wednesday brought two bills on immigration enforcement that would create new state-level crimes of being in Idaho illegally, if approved.

The Senate bill, presented by Senate President Pro Tem Kelly Anthon, R-Rupert, would prohibit local “sanctuaries,” which do not cooperate with federal immigration enforcement, and create new crimes and sentencing enhancements for a “dangerous” illegal immigrant being in Idaho.

Rep. Jaron Crane, R-Nampa, introduced the House bill — which is an amended version of a previous bill he introduced that was largely modeled after a contested bill in Texas that allows local law enforcement and judges to engage in immigration enforcement and deportation.

The State Affairs committees in the House and Senate introduced the respective bills, allowing them to come forward for public hearings.

Senate bill — cooperation, presence and ‘smuggling’ of ‘dangerous illegal alien,’ 5-year mandatory minimum sentence

Anthon in his bill statement of purpose cited the desire to support President Donald Trump’s immigration policies, which have included promises of mass deportations and increasing auditing of workplaces.

His bill targets people in Idaho who are found to be in the country illegally and who have committed a “dangerous crime,” which is defined in the bill with a list of crimes including aggravated assault, manslaughter, kidnapping, robbery, trafficking, any offense that would require a sex offender registration or any offense for which an “extended term” of imprisonment can be imposed under the law.

The first offense of “unlawful presence of a dangerous alien” would be a misdemeanor crime, punishable by up to six months imprisonment and/or a fine up to $1,000. The second offense would be a felony, punishable by at least one year in prison and up to two years, and a fine up to $10,000.

Anyone 18 or older who is convicted of a dangerous crime while in Idaho illegally would be sentenced to a mandatory minimum of five years in prison, which would be added to any other sentence imposed for the other crime. The bill would also require that the immigration status of any adult who is convicted of a criminal offense is checked.

No one who is confirmed as being here illegally would be able to be released upon completion of their prison term or other confinement without the state receiving written confirmation from the Department of Homeland Security that the federal agency will take custody and deport the person upon release.

Another new crime would be “smuggling” an undocumented immigrant convicted of a dangerous crime, by “knowingly and willfully” transporting them in the state. This crime would be a felony, punishable by no less than one year in prison, up to two, and a fine up to $10,000.

Neither of these crimes would apply if the person is a necessary witness to or victim of a crime, such as domestic violence, rape, human trafficking, kidnapping or others.

The bill would not allow local or other government entities to prohibit cooperation with federal authorities in immigration enforcement. Facilities that have someone in custody in a prison or jail would be required to fulfill any “reasonable request” made to detain that person as long as it “does not impose undue burden or expense.”

The Legislature in 2023 banned sanctuary cities with SB 1030, which prohibited local governments from adopting policies that would withhold resources or discourage cooperation of immigration investigations.

Law enforcement and corrections facility staff would have legal immunity if “acting in good faith” to carry out the laws laid out in the bill.

House bill — local enforcement of immigration, deportation

The House bill, similarly to past proposed legislation, would create a new crime of illegal entry into the state, the second offense of which would trigger deportation.

The changes Crane brought Wednesday included changes so that the illegal entry charge would only apply if the person was “investigated for, charged with, or convicted” of another crime. He said the changes were recommended by the Idaho Trial Lawyers Association and the Idaho Dairymen’s Association.

The first offense of “illegal reentry” of the state, which is when a person is found in Idaho after they had been denied admission, deported or removed, would be a misdemeanor. However, it would be a felony if the removal was after a conviction on two or more misdemeanors involving drugs, crimes against a person or both. The second offense would be a felony.

The legislation would also provide civil immunity to law enforcement, local government employees or contractors against lawsuits that could stem from attempted enforcement under the bill.

This immunity wouldn’t apply if a court or jury found the official, employee or contractor “acted in bad faith, with conscious indifference, or with recklessness.”

The bill would require state Magistrate judges to order deportations in certain cases.

Crane’s bill is largely modeled after a Texas law that has been tied up in court and blocked from going into effect. The entities that sued argued local government and state courts do not have the authority to enforce federal immigration laws, which have traditionally been only enforced by federal agencies and federal courts.

The Fifth Circuit Court of Appeals is considering the constitutionality of the law.

Crane said Wednesday he chose not to tie the bill to Texas’ law.

“We think we have a better bill,” Crane said.

Guido covers Idaho politics for the Lewiston Tribune, Moscow-Pullman Daily News and Idaho Press of Nampa. She may be contacted at lguido@idahopress.com and can be found on Twitter @EyeOnBoiseGuido.