BOISE, Idaho — Idaho lawmakers are considering legislation that would enforce the deportation of individuals who are living in the country illegally if they commit a crime.
But what kind of crime can get you deported?
I’m your neighborhood reporter Jessica Davis digging into what the bill specifically does and doesn't say. I also asked an expert, who this enforcement and interpretation of the bill would fall on?
“It's pretty clear that this particular statute if adopted would be deemed unconstitutional under the federal constitution,” says former Attorney General David Leroy.
Earlier this week, H.B. 83 passed in the House 61 to 9. The legislation enforces deportation towards immigrants who illegally live in Idaho, if they commit a crime.
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According to Leroy, deportation is a federal issue, meaning States have no rule on who can be deported and why this bill, in Leroy's words, is "unconstitutional."
He says, “The state's rule simply put is to cooperate with the federal government and enforce federal law not to create brand new state crimes.”
This bill states law enforcement can only enforce deportation if they're investigating other crimes that were committed, not solely based on immigration status.
We spoke to representative Skaug, who says the focus is catching consistent criminals. He says infractions like speeding, jaywalking, or not stopping at a stop sign aren't considered "crimes".
Rebecca De León, communications director for ACLU of Idaho, says “We are deeply concerned specifically about H.B. 83 and we are doing everything we can to stop this bill. We have engaged with lawmakers to explain to them the legal issues that this bill has.”
If this bill passes through the Senate, Leroy says it will likely go to court. If that happens the bill will go through the Federal District Court in Idaho, then to the 9th Circuit Court of Appeal in San Francisco, and could potentially head to the Supreme Court for review.
Leroy says, “United States Supreme Court does change its precedents from time to time, but this is an area where the settled interpretation of the United States constitution is almost absolute — that this is an area of supremacy for the federal government where state government laws will not be tolerated.”
H.B. 83 now moves forward to the Idaho Senate.
We'll be keeping a close eye on the legislation and what it will mean for Idahoans.
