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Idaho House passes HB83 to expand state enforcement against unauthorized migrants tied to crimes
Summary
On Feb. 10, 2025, the Idaho House passed House Bill 83, modeled on Texas law, to allow state law enforcement to take immigration‑related action when a person is detained or investigated for an independent crime; proponents cited public‑safety and fiscal estimates, opponents warned of constitutional and fiscal risks.
Representative (District 12) introduced House Bill 83 and said the draft was modeled on legislation from Texas and updated after consultations with stakeholders including dairies and builders. The sponsor said the state sought to assist federal immigration enforcement where individuals are detained or investigated for independent crimes and described an initial and a requested FY26 appropriation to cover enforcement costs.
"We're gonna seek a million dollars in the f y 26 general fund appropriation," the sponsor said on the floor, and described a requested initial appropriation of $250,000 to begin implementation. He cited estimated transport costs of about $4,500 per individual for interstate transfers and described incarceration cost figures from FY24 ($92.86 per day for state facilities; $74.49 for county placements). The sponsor said the fiscal estimate assumed up to 40,000 individuals in scope, citing a media report estimating 35,000 unauthorized immigrants in Idaho and rounding the planning figure up to 40,000.
Representative (District 10) — who spoke in favor and described stakeholder changes — emphasized the bill’s limitation allowing enforcement "only when a person is detained or investigated for suspected commission of an independent crime," and noted the bill includes an affirmative defense where the defendant was not investigated for or convicted of an independent crime.
Representative (District 16) opposed the measure on constitutional and fiscal grounds, saying the state could be exposed to legal challenges similar to the litigation around Texas’s law and that additional public defender costs may be missing from the fiscal note.
After floor debate the House recorded passage. The clerk announced the vote as 61 ayes, 9 nays and the presiding officer ordered the bill sent to the Senate.
The bill, as described on the floor, directs state and local law enforcement to take certain steps when encountering individuals detained or investigated for independent crimes and contains specified appropriation requests and fiscal estimates prepared for floor consideration.
