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Sen. Kelly Anthon’s bill to standardize local cooperation with ICE sent to amending order
Summary
The State Affairs Committee voted 6–3 to send Sen. Kelly Anthon’s bill (SB 14‑41) to the 14th order for possible amendment; the bill would set a statewide default requiring participation in 287(g)/ICE agreements while allowing written exceptions for jurisdictions that can justify nonparticipation. Testimony focused on tort‑claims coverage, local control and potential unfunded costs.
Sen. Kelly Anthon (District 27) introduced Senate Bill 14‑41 as a uniform framework for how Idaho jurisdictions would cooperate with Immigration and Customs Enforcement under 287(g) agreements, saying the measure creates a general rule while allowing exceptions where local resources or budget considerations make participation infeasible.
The sponsor said the bill was drafted to set statewide expectations while leaving local governments room to make written findings if they cannot participate. "We want to provide a standard and reasonable accommodations if for certain jurisdictions it just doesn't work," Anthon said.
Michael Caine of ICRMP, which insures a large share of Idaho peace officers, told the committee that the Idaho Tort Claims Act currently would not cover officers acting as federal agents under some intergovernmental agreements, and urged language that would ensure state tort coverage for officers when they serve under 287(g) arrangements. "Without this, I do not believe my insureds ... will be covered under the Tort Claims Act for state claims," Caine said.
Kenny County Sheriff Karen Donahue testified that sheriffs are constitutional officers who operate independently of county commissions and warned the bill’s requirement that a county commission make a written finding to justify nonparticipation could improperly shift operational control. "I'm not under the purview of the Board of County Commissioners," she said, adding that the bill could impose unfunded costs tied to training and memorandum‑of‑understanding requirements.
Other law‑enforcement witnesses, including Matt Clifford and a county association representative who identified himself as representing a broader association of counties, cautioned against language that would subject local agencies to federal oversight or that would create unfunded mandates. Clifford recounted prior MOUs that required local agencies to turn evidence over to federal partners and said he worried about being "tethered" to changing federal policies.
Supporters on the committee framed the bill as a way to ensure consistent cooperation with federal immigration enforcement across jurisdictions while allowing narrowly tailored exceptions. Opponents urged more time to refine language and to protect local control.
Sen. Dan Hartog moved to send SB 14‑41 to the 14th order for possible amendment and Sen. Taves seconded. The committee conducted a roll‑call vote; the chair announced the motion carried 6–3. Next steps: the bill will go to the amending order where sponsors may propose changes, including the Tort Claims Act language cited in testimony.
Votes at a glance: motion to send SB 14‑41 to 14th order — carried 6 yes, 3 no.
