Lawmakers want Idaho 'undesirable' for undocumented immigrants, target health care

Carolyn Komatsoulis, The Idaho Statesman on Mar 11, 2025

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BOISE, Idaho — Idaho is one step closer to imposing state crimes that would allow local police agencies to wade into immigration enforcement, which historically has been under the authority of the federal government.

Senators voted 29-6 to advance a bill Tuesday that would create the new state crimes of illegal entry and reentry. Police can enforce these if they first arrest an undocumented immigrant for a separate crime. The first immigration offense would be a misdemeanor, the second offense a felony.

But the bill lost some of its teeth after amendments. Senators removed a part of House Bill 83 that would have allowed judges to order undocumented immigrants to return to their home country.

“There is no order to deport,” said Sen. Todd Lakey, R-Nampa, adding that the bill would still be “a deterrent” for immigrants illegally entering the country to move to Idaho. The House will have to approve the amendments before the bill gets sent to Gov. Brad Little’s office for approval.

There are limits to what states can do on immigration. Sen. Phil Hart, R-Kellogg, acknowledged that on the Senate floor but said Idaho could “deal with it indirectly.”

“We have to make Idaho an undesirable place for people who are here in our country illegally,” Hart said.

Such a law is likely to face legal challenges. The American Civil Liberties Union of Idaho on Tuesday threatened to sue the state if House Bill 83 becomes law.

“We don’t want to sue on this bill,” Leo Morales, ACLU of Idaho Executive Director, said in a statement. “But if the bill passes, we must sue to protect immigrant families in Idaho and to stop legislation like HB 83 that so flagrantly disregards the U.S. Constitution. We urge the House of Representatives and governor to ensure this bill does not become law.”

Undocumented immigrants could lose more health care

House Bill 83 wasn’t the only bill to make Idaho less desirable to undocumented immigrants that moved forward Tuesday.

After emotional testimony, a House committee advanced a bill that would remove services such as crisis counseling, food assistance and prenatal care from undocumented immigrants in Idaho.

Rep. Jordan Redman, R-Coeur d’Alene, who cosponsored the bill, said House Bill 135 would act as a deterrent to prevent people from coming to Idaho. The bill would still allow emergency medical care.

About 30,000 undocumented immigrants lived in Idaho in 2022, the latest data available from the Institute on Taxation and Economic Policy. Immigrants lacking legal status already are ineligible for many public programs, according to previous Statesman reporting.

“We don’t want people dying,” Redman told the committee. “But we don’t want to necessarily make it a place where people want to come for safe haven.”

Proponents of the bill said unauthorized immigrants could pay for care themselves or go to states that were more welcoming, like Oregon and Washington. But critics said the bill would hurt U.S. citizens and children, including the babies of unauthorized immigrants who can’t get prenatal care.

Rep. Lori McCann, R-Lewiston, said the bill was “mean-spirited to the children” and said she had issues with taking away soup kitchens and food assistance. Redman said that children here legally would still qualify for food assistance.

“We are a Christian nation. … These are people who need help when they need help,” said Rep. Ben Fuhriman, R-Shelley. He paused and grew emotional during his comments. “It’s sad that we’re attacking them in this way.”

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