Idaho’s Proposed Immigration Enforcement Legislation Faces Legal Challenges
Idaho lawmakers are advancing legislation that would empower local law enforcement to enforce immigration laws, a move that has sparked significant legal and community concerns.
House Bill 83, introduced by Rep. Jaron Crane, R-Nampa, passed the Idaho House of Representatives with a 61-9 vote along party lines. The bill allows law enforcement to verify an individual’s immigration status if they are already detained or under investigation for a separate crime. If an individual is found to be in Idaho without legal authorization, they would face a misdemeanor charge for "illegal entry," with subsequent offenses escalating to felony charges and potential deportation. (eastidahonews.com)
The legislation mirrors a 2023 Texas law that authorized state officials to arrest and seek the deportation of migrants who crossed the U.S.-Mexico border without legal authorization. Critics argue that such laws are unconstitutional and could lead to racial profiling. The American Civil Liberties Union (ACLU) of Idaho has vowed to challenge any state law that attempts to enforce federal immigration statutes. (axios.com)
Sen. Todd Lakey, R-Nampa, acknowledged the constitutional limitations on state immigration enforcement but suggested that Idaho could "deal with it indirectly" by making the state "an undesirable place for people who are here in our country illegally." (spokesman.com)
The bill has been amended to remove provisions that would have allowed judges to order undocumented immigrants to return to their home countries. Despite these amendments, the legislation is expected to face legal challenges. Leo Morales, Executive Director of the ACLU of Idaho, stated, "We don’t want to sue on this bill. But if the bill passes, we must sue to protect immigrant families in Idaho and to stop legislation like HB 83 that so flagrantly disregards the U.S. Constitution." (spokesman.com)
As the bill progresses through the legislative process, its future remains uncertain, with ongoing debates about its constitutionality and potential impact on Idaho’s communities.
Idaho’s Immigration Enforcement Legislation Faces Legal Hurdles:
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