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Bill would punish cities defying immigration laws

by Keith Cousins Staff Writer
| January 31, 2017 12:00 AM

COEUR d'ALENE — Cities and counties in Idaho that may wish to stop enforcing national immigration laws could see some state funding disappear.

A bill introduced Monday by Rep. Greg Chaney, R-Caldwell, would withhold state sales tax funds from being distributed to cities or counties that make it a policy to, according to Chaney, ignore or obstruct federal immigration policy. Although there are no counties or cities in Idaho with "sanctuary city" policies, Chaney said recent changes in immigration policy by the administration of President Donald Trump may see new attempts by local officials to enact them.

There is no legal definition of sanctuary policies, but they involve local municipalities curtailing their cooperation with federal immigration authorities. While several big cities, such as New York and San Francisco, have formal policies in place, Idaho has none.

Rep. Paulette Jordan, D-Plummer, was the only member of the committee to vote against the draft legislation. In an email Monday to The Press, Jordan said she voted “no” on the bill because of its misguided intentions.

"Given Idaho is recognized as one of the safest states in the nation, much credit is due to our local law enforcement who are doing a superb job in maintaining our laws and working with federal authorities," Jordan wrote. "Given this bill aims to strike at a shadow that doesn’t exist, the real concern is maintaining support for our law enforcement to focus on capturing violent criminals rather than creating fear in some of our most marginalized communities."

Under the proposed bill, law enforcement officers would not be allowed to arrest or round up suspects solely for immigration violations. However, the measure says if a person who is arrested cannot provide proof of immigration status 48 hours after being detained, law enforcement officials would be allowed to check and it would be noted in the court record.

The proposal comes at a time when the country is deeply divided over immigration policy. Proponents argue police departments that enforce immigration laws help prevent criminals from being released back in their neighborhoods. Critics counter that such efforts increase the chances of racial profiling, and hurt building community trust in police.

An estimated 600 people flooded the Boise airport Sunday as part of the nationwide protest over Trump's executive order that suspended immigration from some Muslim countries.

Many of those same advocates filled every seat in the House State Affairs Committee on Monday and spilled into overflow rooms, eager to show their discontent with the proposal.

While no public testimony was heard, protesters said it was important to let lawmakers know their constituents were watching.

"This bill serves to divide our communities rather than uniting them," Jordan said. "Another major concern I have will be the impacts on our Agribusinesses, which are the backbone of many rural Idaho families and communities."

Chaney’s bill must now clear a full legislative hearing, which has not yet been scheduled.

Idaho is home to roughly 95,000 immigrants, according to the nonprofit American Immigration Council. Meanwhile, 13.3 percent of the state's population is Hispanic or Asian.

The proposal comes just days after Trump signed an executive action to crack down on immigrant-protecting sanctuary cities by cutting federal dollars.

In a statement sent Sunday to members of the media, Rep. Raul Labrador, R-Idaho, praised Trump’s executive order. Labrador's statement said Congress has identified “significant flaws” with the vetting process for those who wish to enter the United States.

“President Trump has finally taken necessary national security and public safety measures regarding refugees and non-immigrants seeking entry,” Labrador said. “The media’s mischaracterization of the order as a ‘ban on Muslims’ is not only false, it is intentionally designed to mislead the public and to undermine the President's agenda. The ban is temporary and does not exclude any particular group based on religion.”

Sen. Mike Crapo, R-Idaho, also issued a statement that he'd heard from Idahoans across the state that steps must be taken to secure the borders.

“And I agree,” Crapo said. “We will need to constantly refine and improve our vetting process.”

Chaney said his measure was in the works before Trump signed the executive order last week.

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The Associated Press contributed to this report.