Idaho governor praises new immigration enforcement law, despite temporary block on enforcement

BOISE — Gov. Brad Little on Monday touted Idaho’s new immigration law, which has been temporarily blocked from being enforced by a federal judge.

Little held a ceremonial signing of House Bill 83 — which he had already signed March 27 — flanked by legislative leaders and an Idaho State Police lieutenant colonel.

“This bill obviously dovetails with the current federal efforts, because it enables our state and local law enforcement to detain or investigate a person in the country illegally if they committed an independent crime,” Little said Monday. “Again, the focus has been, will continue to be on criminals in our country illegally.”

HB 83 creates new crimes for “illegal entry” and “illegal reentry” into the state, and allows local law enforcement to pursue charges if someone is detained, investigated for, or suspected to have committed a separate crime. In a lawsuit challenging the bill, the ACLU argued that the fact that the bill allows immigration enforcement against those “suspected” of an independent crime could open the door to target those who appear Latino or aren’t speaking English, the Idaho Press previously reported.

Senate President Pro Tempore and bill sponsor Kelly Anthon, R-Rupert, said Monday that the charges would only apply to those already detained or investigated for a separate crime.

“Nobody’s going to be stopped on the street or profiled because of that, and already profiling is illegal,” Anthon said. “So there’s nothing in the bill that encourages profiling.”

The lawsuit also contends the bill is unconstitutional because it oversteps federal authority over immigration laws and commerce. Similar bills in Oklahoma, Iowa and Texas have also been temporarily blocked by courts while those cases are litigated.

In response to the ACLU lawsuit, U.S. District of Idaho Judge Amanda Brailsford put a 14-day halt on HB 83 until a hearing to consider a potential more long-term block is held.

Rep. Bruce Skaug, R-Nampa, who was a co-sponsor, said he feels confident the law will withstand the legal challenge.

“It’s a good and fair law, and I think we’re going to be fine in the end,” Skaug said. “But we might have to go through a couple of appeals. I think we’re going to get there.“

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.

HB 83 also creates a new crime of “trafficking a dangerous alien,” which would be 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 mandatory minimum prison sentence of at least five years, in addition to other penalties for separate crimes, for adults convicted of a dangerous crime who had previously been deported.