A bill that duplicates a 2023 Texas law that creates a new crime known as unauthorized entry was filed to the Idaho House State Affairs Committee on Tuesday by Rep. Jaron Crane, R-Nampa.
A person who enters or seeks to enter this state straight from a foreign national at any site other than a lawful port of entry is considered to be an alien, according to the bill.
The bill would provide local law enforcement officials the authority to request that persons verify their documentation status.
According to Crane, this will enable law enforcement to proceed with taking mug photographs, fingerprints, and other documentation of the individual.
According to the measure, if law enforcement found out that someone was not permitted, they would be charged with a misdemeanor the first time, and a felony and deported the second time.
The bill is a copy of Senate Bill 4, a contentious Texas law that was passed by Texas lawmakers in 2023. But as of right now, the Texas statute is not being applied. Its enforcement has been frequently thwarted by legal challenges from immigrant advocacy groups and the U.S. Department of Justice, according to the Texas Tribune.
The only distinction, according to Crane, is that the Idaho measure contains a severability clause, which permits the remaining parts of the law to remain in effect even if a section of it is determined to be unconstitutional. Additionally, the measure declares an existing emergency, meaning that it would go into force as soon as the governor signed it.
Crane offered the identical bill last year. The legislative session ended before the bill could make it to the Senate floor, despite it passing the House floor.
The Supremacy Clause of the U.S. Constitution, which gives the federal government the power to enact laws that trump state laws, including those pertaining to immigration, is obviously violated by the measure, according to Rep. Todd Achilles, a Democrat from Boise.
Achilles stated that he is particularly worried about the bill’s civil immunity provision, which he claims reduces law enforcement’s accountability. He added that he was worried about the fiscal note of the law. It raises questions about the possible expenses of court processes, jail operations, and training by proposing a $250,000 provision in addition to a $1 million general budget allocation.
The bill was approved by the committee, paving the stage for a later full hearing.
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