Committee introduces bill to criminalize entry outside designated ports, seeks funding

The Idaho House State Affairs Committee on (date of transcript) voted to introduce RS31890, a proposal from Representative Jaren Crane to create a state-level offense for individuals who enter Idaho from a foreign nation outside designated ports of entry.

Representative Jaren Crane, R.-District 12 of Nampa, told the committee the measure would make first-time offenses misdemeanors to allow law enforcement to document people "— take fingerprints, do mug shots" and permit local officers to record identifying information. Crane said the bill includes a severability clause and would be declared an emergency on the governor’s signature. He also cited a fiscal note that he summarized as a $250,000 supplemental appropriation and a request for a $1,000,000 general-fund appropriation.

The proposal drew immediate questions about enforceability, cost and federal preemption. Representative Scogg asked whether a similar Texas law is being enforced while litigation is pending; Crane replied, "yes, they said that it's enforceable right now." Representative Keeley raised constitutional concerns, saying, "this just clearly violates the supremacy clause of the Constitution," and also warned of double-jeopardy risk and indemnification provisions that could limit accountability. Representative Barbieri and others asked for enforcement details, including how officers would treat people involved in accidents or individuals not carrying identification.

Crane told the panel the bill aims "to create state level offence for individuals entering Idaho from a foreign nation outside the designated ports of entry" and that, under the draft, a person documented on first contact would receive a misdemeanor; "if they were to commit a secondary crime it would go to a felony and they would face deportation," he said. He also said he had consulted with Texas officials and added a severability clause based on that advice.

Committee members pressed for more detail on the fiscal note and training, with Keeley saying the $250,000 supplemental and $1 million request "seems inadequate" given potential transportation, court and jail costs and training expenses. Crane said he would provide a breakdown at the full hearing and that some enforcement capacity exists in-state, citing Idaho State Police activity that he said has involved personnel deployed to the border.

On a motion to introduce RS31890 moved by Representative Scogg, the committee approved the measure by voice vote. No recorded roll-call tally was taken in the transcript.

The bill will return for a print hearing where sponsors and staff are expected to answer the committee’s questions on enforcement, fiscal impacts and constitutional concerns.