BOISE — A proposed Idaho law would allow law enforcement officers to take action on a person’s illegal immigration status only if that person is already being detained or investigated for a separate crime.

The Idaho House State Affairs Committee on Feb. 5 voted to send House Bill 83 to the full House with a do-pass recommendation.

State dairy and homebuilder groups support HB 83, unlike a broader immigration-enforcement bill proposed earlier, according to speakers at a committee hearing. 

“The bill would really look at those involved in criminal activities … rather than the entire unauthorized population,” Idaho Dairymen’s Association CEO Rick Naerebout told Capital Press.

Compared to the initial broad proposal, HB 83 and the similar Senate Bill 1039 would have less impact on the agricultural economy and rural economies, and would be more likely to survive a constitutional challenge, he said.

Illegal entry would be a misdemeanor on a first offense and a felony on the second offense under HB 83, but “law enforcement officers may enforce the provisions … only when a person is detained or investigated for suspected commission of an independent crime,” according to the bill text.

Arguments against HB 83 included that immigration should be decided at the federal level, and even a narrow Idaho law could target people unfairly, disrupt the workforce and face a legal challenge on constitutionality grounds.

“I appreciate the changes on this version of the bill, but we still have a fundamental issue related to the federal supremacy clause,” said Rep Todd Achilles, D-Boise. “Immigration is federal law.”

Supporters said the bill aligns with how President Donald Trump’s administration is approaching border security, and it would help law enforcement officers.

The flow of illegal immigrants has been high in the past few years and “the purpose of this legislation is to give our state and local law enforcement agencies the ability to work with the Trump administration and the federal agents in order to curtail this issue,” said Rep. Jaron Crane, R-Nampa, one of the bill’s sponsors.

A person being investigated for or charged with an actual crime — not a traffic ticket or other infraction — may be cited under the misdemeanor portion of HB 83, said co-sponsor Rep. Bruce Skaug, R-Nampa, a retired attorney. “And that is to get people in the system who are criminals. That is who we are most concerned about as a nation and as a state.”

Kootenai County Sheriff Bob Norris said he supports the proposal, as it would provide law enforcement with an additional tool.

The bill allows for a specific type of enforcement and would help reduce illegal entry, said Daniel Murphy, a Boise resident.