House committee introduces bill to criminalize entering Idaho outside ports of entry; sponsor cites Texas model

The Idaho House State Affairs Committee voted to introduce RS31890, sponsored by Representative Jaren Crane of District 12, which 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 those individuals.

The bill’s sponsor said the measure would make first-time unauthorized entries a misdemeanor so law enforcement could take fingerprints and mug shots; a subsequent criminal offense would be elevated to a felony and could trigger deportation. Crane told the committee he consulted with Texas officials and that Texas’s 2023 Senate Bill 4 informed parts of the draft, including a severability clause and an emergency clause declaring the statute effective on the governor’s signature. The bill carries a fiscal note that lists a $250,000 supplemental appropriation and a request for $1,000,000 from the general fund.

Supporters say the change would give officers a way to document and identify people encountered outside ports of entry. Representative Crane cited a constituent example where police lacked authority to collect identifying information after an accident. He asked the committee to introduce the bill for a full hearing so those operational and fiscal questions can be addressed.

Several committee members raised constitutional and implementation concerns. Representative Keeley said the measure appears to conflict with the Supremacy Clause because immigration enforcement is principally federal authority and warned of potential double-jeopardy exposure if both federal and state penalties apply. Representative Barbieri and others asked how enforcement would work in practical settings — for example, whether officers could demand identification from people involved in accidents who are not driving or not required to carry ID — and whether the fiscal note adequately covers training, transportation and jail costs. Crane said he would provide more detail at the full hearing.

Representative Scogg moved to introduce RS31890; the motion carried on a voice vote. No roll-call tally was recorded in the transcript.

Next steps: the bill has been introduced for print and will return for a full committee hearing where members said they expect detailed discussion of enforcement mechanics, statutory definitions and a breakdown of the fiscal estimate.