An Idaho Senate committee narrowly killed a bill Monday that would’ve mandated all local law enforcement enter into formal partnerships with federal immigration authorities. Law enforcement organizations overwhelmingly opposed the bill, arguing it was an overstep by the state and that agencies were already voluntarily cooperating with immigration agents.
Nampa Republican Sen. Brian Lenney, R-Nampa, sponsored House Bill 659, which would have required all city and county law enforcement agencies in the state to apply to enter what are called 287(g) agreements with U.S. Immigration and Customs Enforcement, or ICE.
He said it was to help curb the impact of illegal immigration during the administration under former President Joe Biden.
“This is an Idaho issue now more than ever,” Lenney said during the Senate State Affairs Committee meeting.
The bill included an option to publish reasons agencies were unable to enter the agreement. However, the bill required that agencies apply to the program and said they “shall participate in any future program or successor to an existing program,” which caused some local police agencies to be concerned the bill would require all agencies to participate even if future presidential administrations significantly changed the program.
Lenney said participation in the 287(g) program should not cause a financial burden on agencies because the federal government reimburses for training and some personnel and vehicle costs.
“There is no major cost to this,” Lenney said. “It’s actually a revenue generator.”
The Idaho Sheriffs’ Association and the Idaho Chiefs of Police Association opposed the bill, which previously passed the House in a 41-27 vote.
Eight people spoke in opposition to the bill during Monday’s public hearing, and two people spoke in favor.
Opponents of bill say police shouldn’t be forced into agreements
Members of the advocacy group Secure Idaho, which was created to oppose the ranked choice voting ballot measure in 2024, supported the legislation.
Michael Angiletta, co-founder of Secure Idaho, said the bill would ensure immigration policies were applied consistently across the state.
Canyon County Sheriff Kieran Donahue, on behalf of the Idaho Sheriffs’ Association, said state sheriffs were “absolutely opposed to this bill.”
“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.”
Donahue also countered the idea that the agreements would be a “revenue generator” because of the costs associated with backfilling positions if officers are traveling for training or doing immigration work instead of typical law enforcement operations.
Sen. Brandon Shippy, R-New Plymouth, asked Donahue if the bill sponsors worked with sheriffs to develop the legislation.
Donahue responded that they had not.
Boise resident Mary Brown testified against the bill, arguing that local policing should be directed by local agencies.
“Every hour that officers spend enforcing federal immigration is an hour that they’re not responding to calls, investigating crimes or serving the people who live here,” Brown said.
Homedale Police Chief Jeff Eidemiller said his community has a large Hispanic population.
“Over the last three to four years, we’ve seen the trust and the cooperation between law enforcement and the Hispanic community erode to the point where it’s almost nonexistent,” he said.
He said that his agency cooperates with ICE when asked, but that the 287(g) program creates the perception that local officers may be looking to enforce immigration on the streets, which could deter residents from reporting crimes.
He also said his office doesn’t have the resources to do immigration enforcement.
“And I would never look at calling another human being a revenue generating resource,” Eidemiller said.
The Senate State Affairs Committee voted 5-4 to hold the bill in committee, with members expressing concern with how the bill is written, especially with the portion that said agencies must participate in any future or successor programs within the 287(g) program.
Shippy and Soda Springs Republican Sen. Mark Harris said they thought law enforcement should’ve been more involved with crafting the bill.
“Politically, often people would probably see this as opposing local law enforcement, cooperating with ICE, and that simply is not the case,” Shippy said. “But it’s just saying this isn’t a good piece of legislation at this time, and it needs more work.”
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