Idaho committee hears hours of testimony on bill that would criminalize aiding undocumented immigrants; sponsor's motion to advance fails, bill held incommittee

Representative Dale Hawkins, sponsor of House Bill 335, told the House Judiciary, Rules and Administration Committee the measure would "make it illegal for anyone to knowingly help, hide, or transport individuals who are in The United States illegally." Hawkins said the bill targets organizations that "intentionally" assist people who entered the country in violation of federal law and that it includes exemptions "for law enforcement, emergency responders, and first responders acting in their official capacity."

The bill prompted extensive testimony from a wide range of witnesses who warned it was overbroad and likely preempted by federal law. "This bill has very serious concerns for us because we advise people of their immigration rights in the country," said Nikki Ramirez Smith, identifying herself as an immigration attorney. She said provisions that criminalize providing "legal assistance to an alien in the state" could make immigration lawyers felons for doing routine, court‑mandated advice. "There are a number of statutes and federal case law that mandate certain things," she told the committee, citing Padilla v. Kentucky and protections under the Idaho Constitution and the Sixth Amendment.

Attorneys and civil‑liberties groups urged the committee to reject the bill. "This bill is overtly and irredeemably unconstitutional in…