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Idaho bills would create new state crimes for illegal immigration

by LAURA GUIDO/Coeur d'Alene Press
| January 30, 2025 1:00 AM

BOISE — Idaho legislators introduced two bills Wednesday that would make it a state crime to be in Idaho without legal immigration status.  

The Senate bill, presented by Senate President Pro Tem Kelly Anthon, R-Rupert, would prohibit local “sanctuaries" and create new crimes and sentencing enhancements for a “dangerous” illegal immigrant being in Idaho.

Rep. Jaron Crane, R-Nampa, introduced the House bill. It's an amended version of a previous bill he introduced that was largely modeled after a contested bill in Texas that allows local law enforcement and judges to engage in immigration enforcement and deportation. 

The State Affairs committees in the House and Senate introduced the respective bills, allowing them to come forward for public hearings.

Senate bill

Anthon cited the desire to support President Donald Trump’s immigration policies, which have included promises of mass deportations and increasing auditing of workplaces. 

His bill targets people in Idaho who are found to be in the country illegally and who have committed a “dangerous crime,” which is defined in the bill with a list of crimes, including aggravated assault, manslaughter, kidnapping, robbery, trafficking, any offense that would require a sex offender registration or any offense for which an “extended term” of imprisonment can be imposed under the law.

The first offense of “unlawful presence of a dangerous alien” would be a misdemeanor crime, punishable by up to six months imprisonment and/or a fine up to $1,000. The second offense would be a felony, punishable by at least one year in prison and up to two years, and a fine of up to $10,000.

Anyone 18 or older who is convicted of a dangerous crime while in Idaho illegally would be sentenced to a mandatory minimum of five years in prison, which would be added to any other sentence imposed for the other crime. The bill would also require that the immigration status of any adult who is convicted of a criminal offense is checked.

No one who is confirmed as being here illegally would be able to be released upon completion of their prison term or other confinement without the state receiving written confirmation from the Department of Homeland Security that the federal agency will take custody and deport the person upon release.

Another new crime would be “smuggling” by “knowingly and willfully” transporting illegals in the state. This crime would be a felony, punishable by no less than one year in prison, up to two, and a fine of up to $10,000.

House bill

The bill would create a new crime of illegal entry into the state, the second offense of which would trigger deportation.

The legislation would also provide civil immunity to law enforcement, local government employees or contractors against lawsuits that could stem from attempted enforcement under the bill.

This immunity wouldn’t apply if a court or jury found the official, employee or contractor “acted in bad faith, with conscious indifference, or with recklessness.”

The bill would require state Magistrate judges to order deportations in certain cases.

Crane’s bill is largely modeled after a Texas law that has been tied up in court and blocked from going into effect. The entities that sued argued that local government and state courts do not have the authority to enforce federal immigration laws, which have traditionally been only enforced by federal agencies and federal courts.

The Fifth Circuit Court of Appeals is considering the constitutionality of the law.

Crane said Wednesday that the bill was better than Texas’ law.

“We think we have a better bill,” Crane said.