Bill requiring law enforcement to apply for agreements with ICE dies

BOISE — A bill seeking to require local law enforcement agencies to apply for cooperation agreements with U.S. Immigration and Customs Enforcement was held in committee on Monday. The one-vote-margin decision followed several South Idaho sheriffs who opposed what was described as overreach by the legislature.

Sen. Brian Lenney, R-Nampa, sponsored House Bill 659 after the legislation passed out of the House earlier this month by a 41-27 margin. The bill requires that local law enforcement, including police departments and sheriff's offices, apply for at least one of several federal 287(g) agreement programs allowing local law enforcement to be deputized as immigration enforcement agents. 

If law enforcement agencies are unable to enter into such an agreement for any reason, the agencies are required to publish a statement explaining why a memorandum could not be entered into and what alternative measures are being taken to coordinate with ICE.

Lenney said the 287(g) agreement most commonly takes the form of three models: a jail enforcement model identifying and processing removable unauthorized residents who have pending or convicted charges; a warrant service program allowing local law enforcement to serve ICE warrants; and a task force model allowing officers to participate in local ICE operations and “put on their immigration hat” during routine stops, Lenney said. 

In each program option, individual officers would need to participate in training and/or obtain certification from ICE. 

The bill arrives after Gov. Brad Little signed an executive order last year directing state law enforcement to pursue these programs. One of the most notable of these agreements came from the Idaho State Police, which entered into a 287(g) agreement with ICE last summer to transport unauthorized immigrants convicted of crimes to deportation centers, as was previously reported by the Idaho Press.

Lenney presented Florida as a model state for the bill after the Florida Sheriffs Association announced that all of the state’s 67 county jails had entered into 287(g) programs and that the state had received over $38 million in federal reimbursements. 

Lenney said the 287(g) task force program could even be a revenue generator for local law enforcement after the U.S. Department of Homeland Security (DHS) announced it would begin reimbursing agencies for the salaries, benefits, and overtime, up to 25% of an officer's annual salary, for participating officers. 

“The overwhelming majority of Idahoans want us legislators to do something meaningful about illegal immigration,” Lenney said. “… I think 287(g) can help solve some of these problems.”

As for those who arrived early Monday morning to testify, the position conveyed was overwhelming opposition to the bill. In the case of law enforcement officers who testified, the position was universal opposition.

Mary Brown, a Boise resident who arrived with her 2-year-old daughter, said she would rather be at home but believed it was necessary to testify. Brown said one of her key concerns is the bill replacing local control of law enforcement, which will increase strain as their responsibilities shift away from community needs.

“Every hour that officers spend enforcing federal immigration is an hour that they're not responding to calls, investigating crimes or serving the people that live here,” Brown said.

Canyon County Sheriff Kieran Donahue, representing the Idaho Sheriffs Association, said Idaho sheriffs “are absolutely opposed” to the legislation.

“This bill attempts to mandate what a sheriff shall or shall not do, and that is truly, in our opinion, overreach of the legislative body,” Donahue said. “The federal government has their job, and we have our job."

The motion to amend the bill failed by a 4-5 vote after several committee members voiced concern that law enforcement agencies were not thoroughly consulted on the legislation, given their public testimony was universally opposed. 

In a 5-4 vote, the committee opted to hold the bill, effectively killing the effort for this legislative session.