Representative Jaren Crane, R-12 of Nampa, introduced RS31890 to the House State Affairs Committee, saying the draft would create a state-level offense for individuals entering Idaho from a foreign nation outside designated ports of entry and allow law enforcement to document them.

"What this seeks to do is we're going to be creating State level offence for individuals entering Idaho from a foreign nation outside the designated ports of entry and first time offenders of a crime will receive a misdemeanor and then that will allow law enforcement to document them," Crane told the committee.

The sponsor told members the draft includes a severability clause requested after consultation with the Texas attorney general and would be declared an emergency upon gubernatorial signature so it would take effect immediately. The fiscal note attached to the draft lists a $250,000 supplemental appropriation and seeks a $1,000,000 general-fund appropriation to implement the measure.

Why it matters: The proposal would create a state criminal offense tied to migration enforcement — an area typically regulated at the federal level — and would direct new law-enforcement activity (fingerprinting, booking, documentation) that the sponsor said does not currently exist in Idaho statute. Committee members raised constitutional, operational and budget questions that the sponsor said he would address at a full hearing.

Committee discussion focused on enforcement mechanics, constitutional authority and the fiscal estimate. Representative Keely's said the measure "clearly violates the supremacy clause of the constitution" and raised concerns about double jeopardy and broad civil-immunity and indemnification language in the draft. Representative Barbieri questioned how officers would ask for identification or document people who were not drivers at an accident scene; Crane said he would detail enforcement procedures during the full hearing.

Members also queried whether a state-law offense would be enforceable while related litigation proceeds in other states. Crane said Texas’ Senate Bill 4 from 2023 has been enforced while it faces legal challenges and that Texas’ attorney general recommended a severability clause. Several members asked for a breakdown of the fiscal estimate, noting potential incremental costs for training, transport, courts and detention; Crane said he had procured estimates for housing and transportation and would present more detail at the print hearing.

The committee approved a motion to introduce RS31890 for a full hearing. Representative Scogg moved to introduce the RS; a second was not specified on the transcript. The motion carried by voice vote.

What remains: The sponsor will present enforcement details and a fiscal breakdown at the bill’s full hearing. No formal vote on passage occurred at the committee meeting; the committee only voted to introduce the draft for further consideration.