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Committee moves S 1441 to 14th Order for possible amendment after county and sheriff concerns
Summary
Senator Anthon presented S 1441 to set a state-wide expectation for memoranda of agreement (MOAs) with ICE; county risk managers and sheriffs testified that MOAs are unnecessary, could infringe on local authority, and local cooperation already exists. The committee voted to send the bill to the 14th Order of Business for possible amendment.
Senator Anthon described S 1441 as a bill intended to "create a state-wide standard for local jurisdictions to cooperate and communicate with U.S Immigration and Customs Enforcement (ICE)." He said the draft would expect participation but allow local agencies to opt out with written justification.
Multiple witnesses—Michael Kane of the Idaho Counties' Risk Management Program, Sheriff Kiernan Donahue, Seth Grigg of the Idaho Association of Counties, and Sheriff Matt Clifford—testified against S 1441. Their objections, as recorded in the minutes, included that the bill was unnecessary, local agencies already cooperated with ICE, mandated MOAs were unusual in Idaho code, and the proposal risked infringing on the authority of locally elected sheriffs. In questioning, Mr. Kane said this "could not affect federal law" and that officers working with ICE were "treated as federal officers," while Sheriff Donahue warned the bill could shift the relationship from working "alongside ICE" to working "for ICE."
After discussion, Senator Den Hartog moved to send S 1441 to the 14th Order of Business for possible amendment; Senator Toews seconded. The roll call on the motion recorded Vice Chairman Bernt, Senators Anthon, Den Hartog, Harris, Toews, and Adams voting aye, and Chairman Guthrie, Senators Shippy and Ruchti voting nay; the motion carried.
The minutes show the committee advanced the bill only to the order for possible amendment; no amended language or final do-pass recommendation was recorded at this meeting.
