BOISE, Idaho (KIFI) – A bill that would allow state law enforcement to regulate illegal immigration is heading back to the Idaho House following amendments by the Senate.
House Bill 83 would require law enforcement to focus on illegal immigrants who are detained, investigated, or suspected of criminal activity, through which officers would record the documentation status of individuals arrested throughout their normal police work.
The bill provides for two offenses: First, a misdemeanor charge for “illegal entry,” and second, “illegal reentry,” which would be a felony offense.
The Idaho Senate voted 29 to 6 to approve the bill with additional amendments. The Idaho House will need to vote on the updated legislation before it moves to the Governor’s desk.
Under the amended bill, HB 83 would no longer require a court-ordered deportation and provides for the exchange of information, resources, and compliance with federal agencies such as Immigration, Customs, and Enforcement (ICE). Individuals arrested for a crime in Idaho would also be required to serve their state sentence before being released to ICE or the Department of Homeland Security.
Under an additional amendment, the legislation will be referred to as the “Immigration Cooperation and Enforcement Act.” The Senate also defined several additional terms in the bill, including “dangerous illegal alien,” “dangerous crime,” “immigration detainer,” and more.
ACLU of Idaho threatens lawsuit
In response, the American Civil Liberties Union of Idaho released a statement condemning the Senate for passing House Bill 83. The organization writes that they will sue the state if H.B. 83 becomes law.
The ACLU of Idaho urges the House of Representatives to stop it.
“We don’t want to sue on this bill,” said Leo Morales, ACLU of Idaho Executive Director. “But if the bill passes, we must sue to protect immigrant families in Idaho and to stop legislation like H.B. 83 that so flagrantly disregards the U.S. Constitution. We urge the House of Representatives and the governor to ensure this bill does not become law.”
