Strict immigration bill is almost home

BOISE — The Senate on Tuesday overwhelmingly passed a bill to involve local law enforcement in immigration enforcement. The action marks nearly the last hurdle before the bill heads to the governor’s desk.

House Bill 83 had been amended to combine provisions in two separate bills proposed this session — one of which would engage Idaho courts and police in deportations and enforcement, and another that would promote more coordination with federal immigration authorities and add mandatory minimum prison sentences to some illegal immigrants.

Senate sponsor Sen. Todd Lakey, R-Nampa, said he and co-sponsor Rep. Jaron Crane, R-Nampa, decided to make some changes to avoid some of the more “challenging provisions” of Texas’ law.

“Our approach is more cooperative with the federal officials, rather than a state-based process for court-ordered deportation,” Lakey said. “Our legislation emphasizes that the applicable portions are to be interpreted in accordance with federal immigration law and not in conflict with it.”

The amended bill creates new state-level crimes on “illegal entry” and “illegal reentry” into Idaho. The first instance would be charged as a misdemeanor and the second as a felony, and law enforcement could only enforce action against these crimes if the person is detained, investigated or suspected of committing a separate crime. HB 83 was modeled after a similar law in Texas, which has been blocked from being enforced while it’s being challenged in the Fifth Circuit Court of Appeals.

The challenge has centered on the fact that immigration enforcement is typically solely under the jurisdiction of federal authorities.

The bill authorizes local law enforcement to share information and cooperate with federal agencies on immigration, and prevents local jurisdictions from prohibiting cooperation, such as with policies of some sanctuary cities. The bill would also require law enforcement to determine if someone is a “foreign national” upon arresting anyone for a criminal offense, and if they are, the law enforcement agency would be required to notify the U.S. Department of Homeland Security.

The bill also creates a new crime of “trafficking a dangerous alien,” defined as knowingly and willfully transporting an undocumented person who had been convicted of a dangerous crime — defined in the bill as any felony offense for which an extended term of imprisonment may be imposed, or any offense requiring sex offender registration.

Under the bill, there would also be a sentencing enhancement, adding a mandatory minimum prison sentence of at least five years for adults convicted of a dangerous crime who had previously been deported.

Sen. Brian Lenney, R-Nampa, spoke in lukewarm support of the bill, arguing he thought it could go further.

“This is kind of a junk drawer bill,” Lenney said. “We could do something with teeth that really deals with illegal immigration, because reading this bill … I don’t believe it will necessarily do anything major when it comes to deporting illegal immigrants and really cracking down.”

Sen. Jim Guthrie, R-McCammon, said he thought the bill struck a balance between Idaho’s sovereignty and not overstepping federal authority.

Senate Assistant Minority Leader James Ruchti, D-Pocatello, said his biggest concern in the bill was that it would invite profiling, because to be charged with the illegal entry crime, law enforcement only has to suspect that person engaged in a separate crime.

“I think if I were a parent of a young Hispanic kid, I’d be worried about them being profiled,” Ruchti said.

He argued that a number of industries, such as the dairy industry, rely on undocumented workers, and that many of them already live and work in communities.

“I’d ask you to keep this in mind, these are good families,” Ruchti said.

Every other senator spoke in favor during the nearly 40 minutes of debate. House Bill 83 as amended will go to the House so that its members may vote to concur with the amendments made by the Senate, and if they do, the bill will then go to Gov. Brad Little for consideration of signature.

The ACLU of Idaho said in a news release Tuesday that the organization plans to sue over the bill, arguing it is unconstitutional because it would supersede federal immigration authority.

It also said it could open up Latino Idahoans being stopped by police.

“This bill does not make anyone safer,” Ruby Mendez-Mota, ACLU of Idaho campaign strategist, said in the release. “In fact, it will do the opposite. Rather than target criminals, it would impact anyone who may be stopped by the police. This bill will fuel racial profiling, weaponize accusations against Latinos in Idaho, and make anyone who doesn’t appear to be white feel less safe.”

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.

How they voted

Yes: Dan Foreman-R, Phil Hart-R, Keith Markley (substitute for Cindy Carlson-R)