Idaho House passes bill to require immigration status, nationality be reported on every arrest 

BOISE (Idaho Capital Sun) — The Idaho House of Representatives approved a bill on Wednesday to require law enforcement to record and report the immigration status and nationality of all arrested individuals. 

The bill is opposed by the Idaho Sheriffs’ Association, the Idaho Fraternal Order of Police, and the Idaho Chiefs of Police Association. 

Members voted 40-30 to send House Bill 660 to the Senate for further consideration. 

The bill sponsor, Fernwood Republican Rep. Dale Hawkins, said he’s been questioned if he met with stakeholders to craft the legislation. He said during the committee hearing on the bill that he hadn’t worked with Idaho law enforcement on the bill, which was part of a slate of immigration bills proposed in partnership with the conservative think tank, the Heritage Foundation. 

“Let me assure you that I have, because the stakeholders are the people of your districts and my district, that’s who the stakeholders are,” Hawkins said. 

He said the bill would not be the burden that the law enforcement groups are concerned about, because there were automated systems in jails that would be able to gather and record the information easily. 

During the public hearing for the bill on Monday, Meridian Police Chief Tracy Basterrechea, on behalf of the police chiefs association, said the association interpreted the bill differently. He argued that, as written, city police officers would need to take extra time to verify immigration status and nationality even before individuals are booked into jail. 

What does the bill say? 

The bill would require any law enforcement agency in the state — including state police, municipal police and county sheriff’s departments — to “verify and record the immigration status and nationality of any arrested individual.” 

This verification would need to be done in the “administration of criminal justice,” which includes activities such as detection, apprehension, detention, pre- and post-trial release or rehabilitation of people accused of a crime. 

Law enforcement agencies would also be required to publish a report twice a year with the immigration status and nationality of “criminal offenders;” and “crime statistics related to foreign nationals arrested in Idaho,” which would include the number of undocumented people investigated, apprehended, detained and transferred to federal authorities, and the crimes for which those people were arrested. 

Agencies that don’t comply could have state money withheld. 

Some lawmakers said bill needed to been written more clearly 

Rexburg Republican Rep. Britt Raybould said it was unclear in the bill at what point officers would have to record the immigration status of someone they arrested, and if they would not be in compliance if they didn’t do so before someone was cleared of wrongdoing and released. 

She also questioned if all law enforcement would have access to federal information about what someone’s immigration status was. 

“I understand and appreciate the objective of what the good gentleman is trying to accomplish with this legislation,” Raybould said on the floor. “But I believe what we are setting our law enforcement up to do with the language is to fail, and to not fail because they aren’t willing to comply with the law, but because we haven’t been clear in the law.” 

Boise Democrat Rep. Steve Berch argued the bill was “premature,” and should be re-worked with input from law enforcement to make it workable for them.  

Lewiston Republican Rep. Kyle Harris argued in favor of the bill, saying that law enforcement already collects much of the needed information and has access to federal databases with the needed information.