Idaho Republicans advance replica of controversial Texas immigration bill

An immigrant family wades through the Rio Grande while crossing from Mexico into the United States on Sept. 30, 2023, in Eagle Pass, Texas. Border security and immigration became major issues in recent negotiations to fund the U.S. government. (John Moore/Getty Images)

In what could be the last week of the 2024 legislative session, Idaho Republicans held a public hearing to send a bill that would criminalize undocumented immigrants to the House floor.

Rep. Jaron Crane, R-Nampa, in the House State Affairs Committee on Thursday presented House Bill 753, which would create a new crime known as illegal entry. The bill would allow law enforcement to ask people to prove their documentation status, and it includes penalties for people living in the country without legal permission.

There would be two penalties. The first instance of being discovered as undocumented by law enforcement would result in a misdemeanor charge, and a second occurrence would lead to a felony charge.

“This will allow local law enforcement agents to go ahead and act as the border security of our state,” Crane said. “This allows them to ask some questions that they need to ask to find out if someone is here as an illegal alien.”

The bill is a replica of a controversial Texas law — Senate Bill 4 — that passed in November 2023. Texas Gov. Greg Abbott signed the bill into law in December, and soon after civil rights groups and a Texas border county filed a lawsuit against the state alleging it is an unconstitutional overreach over the federal government’s authority on immigration, the Associated Press reported. 

But the Texas law is not in effect under a federal appeals court order related to the lawsuit, the Associated Press reported Wednesday. 

Two people testified in favor of the bill, including Robert GIllis, representing Idaho Tough on Crime, and the Kootenai County Sheriff Robert Norris. 

Individuals representing the ACLU of Idaho, PODER of Idaho, the American Immigration Lawyers Association, and the Idaho Dairymen’s Association spoke in opposition to the bill.

Rep. Heather Scott, R-Blanchard, moved to send the bill to the House floor with a recommendation that it pass. Only one member, Rep. John Gannon, D-Boise, opposed the motion. 

The bill needs approval from the Idaho House of Representatives, the Idaho Senate and the governor to become law, and lawmakers have said they intend to conclude the legislative session by the end of this week.

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