Idaho state senators gave an OK Tuesday to the latest version of a bill creating a new state crime cracking down on illegal immigration.
Law enforcement in Idaho could check a person’s immigration status if they’re being detained or suspected of a separate crime.
If found to be in the country illegally, a person’s first offense would be considered a misdemeanor and felonies for subsequent offenses under House Bill 83.
Anyone who transports into Idaho someone who’s in the country illegally and has previously committed a crime could face a felony charge with a minimum one-year sentence in prison and up to $10,000 in fines.
“We need to take the steps that we can as part of our state sovereignty,” said one of the bill’s sponsors, Sen. Todd Lakey (R-Nampa). “We’re obligated as senators to make sure we’re trying to protect our communities and protect our citizens.”
State senators amended the bill last week, which Lakey said ended in a compromise between the House and Senate.
The latest version no longer requires a person convicted of illegal immigration to be deported at the end of their sentence.
Assistant Senate Democratic Leader James Ruchti (D-Pocatello) said illegal immigration is an issue for the federal government to fix – something he says they haven’t been doing.
“But I’m not sure the solution is for the 50 states to all allow them to not do their job in this arena,” Ruchti said.
Texas passed a similar law in 2023, which is currently on hold pending a ruling from the 5th Circuit Court of Appeals.
ACLU of Idaho released a statement shortly after the state senate passed the legislation calling it “blatantly unconstitutional." The group said it would sue to block it should it become law.
“It attempts to supersede federal immigration mandates by, in effect, enabling local law enforcement to act as immigration agents,” said Amy Dundon, ACLU of Idaho’s lobbyist.
The bill cleared the Senate along party lines. House lawmakers must agree to the amendments before it could reach Gov. Brad Little’s desk.
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