Dueling Idaho Republican immigration bills aim to expand state reach, create new crimes
Idaho Republican lawmakers hope to bolster President Donald Trump’s effort to carry out his pledge to remove immigrants from the U.S. who lack proper documentation.
Dueling immigration enforcement bills were introduced Wednesday in the House and Senate, which would grant local law enforcement more purview over what has traditionally been under federal jurisdiction.
Rep. Jaron Crane, R-Nampa, brought a revised version of a bill he introduced earlier this month, which would test federal supremacy over immigration matters by deputizing local police and giving local judges authority to issue deportation orders. A similar law in Texas, after which the Idaho bill is modeled, has so far not been allowed to take effect by federal judges.
Crane’s bill changes specify that the new crimes of illegal entry and reentry would only be enforced if someone is detained on suspicion of first having committed a separate crime. They also would allow defendants to argue they were not properly investigated for or convicted of the initial crime.
A separate Senate bill introduced Wednesday by Senate Pro Tem Kelly Anthon, R-Burley, would create new crimes to make it illegal for a “dangerous illegal alien” to be present in or smuggled into Idaho, and would disallow their release on probation.
The law would apply to any immigrants without proper identification who have previously been convicted of aggravated assault, battery, burglary, lewd conduct, extortion, murder and other crimes.
The added immigration crime would be punishable as a misdemeanor. Any further offenses would be a felony punishable by one to two years in prison and up to a $10,000 fine.
Determining legal status can be complex, law professor says
Anthon’s Senate bill also would include a sentencing enhancement for any “dangerous” felonies, adding a mandatory five extra years of imprisonment. The law would direct law enforcement to coordinate with federal agencies and collect information about suspects’ legal status, and requires anyone convicted of a crime to be examined by local authorities for legal status. If found to lack proper authorization, local law enforcement would be required to notify the Department of Homeland Security.
These suspects could not be released from custody on probation unless they were being transferred to the custody of federal immigration authorities.
Determining whether a person is allowed to be in the country is not always a black-and-white issue, Geoffrey Heeren, a University of Idaho law professor who specializes in immigration, said in an email to the Idaho Statesman on Wednesday. It “often takes quite a bit of time,” he said.
U.S. law allows immigrants to seek asylum from persecution abroad. The U.S. also is a member nation of the Convention Against Torture, which does not confer legal status but can prevent a person from being deported to a country where they were tortured, according to the Immigrant Legal Resource Center.
“Somebody might have overstayed a visa or entered without inspection, and those are violations of immigration law,” Heeren said. “But the person might ultimately be able to remain because an immigration judge or officer grants them a status or relief from deportation.”
The two bills are expected to be scheduled for future public hearings.