Bill Analyses and Ratings
Bill Information: H0764 – Idaho Alien Harboring and Concealment Prohibition
Bill Summary
House Bill 764 creates Chapter 92 in Title 18 of Idaho Code, establishing new criminal prohibitions targeting organizations — including corporations, partnerships, nonprofits, foundations, and sole proprietorships — that conceal, harbor, shield, transport, encourage, or provide shelter, financial support, or legal assistance to aliens unlawfully present in the United States. The bill applies to any director, officer, or agent acting in an official capacity, and requires that the organization knew or recklessly disregarded the alien’s unlawful status.
Penalties scale with the number of aliens involved: a misdemeanor for each alien aided, escalating to a felony when five or more aliens are involved or upon any subsequent conviction. Courts are required to order one-year revocation of all business licenses and permits statewide on a first violation, and permanent revocation on subsequent violations. Fines reach up to $3,000 per alien per offense, and any vehicle, vessel, or aircraft used in a violation — along with gross proceeds from the violation — is subject to civil forfeiture.
The bill carves out explicit exceptions for law enforcement transporting aliens to detention facilities, licensed medical professionals and first responders providing emergency services, and Idaho state court personnel performing official duties. Immigration status must be verified through the federal government under 8 U.S.C. 1373(c), and federal immigration records are admissible in Idaho courts without additional foundation testimony.
Overall Assessment
This bill creates new state-level criminal liability for organizations that aid undocumented immigrants in Idaho, mirroring and reinforcing federal immigration law under 8 U.S.C. 1324. Its most significant real-world impact falls on nonprofits, advocacy groups, religious organizations, and businesses that provide services to immigrant populations — all face potential felony charges, mandatory statewide business license revocation, and asset forfeiture. The bill directly advances Idaho’s stated policy of prosecuting entities that assist illegal immigration and asserts state enforcement authority alongside federal immigration law.
Rating Breakdown
ARTICLE I. RESPONSIBILITY IN GOVERNMENT (0)
The bill creates new criminal enforcement mechanisms but contains no provisions addressing fiscal responsibility, state budgeting, taxation, or government spending. It does not appropriate funds or restructure any government program.
ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT (0)
The bill operates entirely within the immigration enforcement domain and contains no provisions related to elections, voting, citizen participation, or political engagement processes.
ARTICLE III. EDUCATION (0)
No provisions in this bill address schools, curriculum, parental rights in education, school funding, or any other education-related policy.
ARTICLE IV. AGRICULTURE (0)
The bill contains no provisions addressing farming, ranching, agricultural markets, or water for agricultural use. It does not intersect with Idaho's agricultural sector in any direct way.
ARTICLE V. WATER (0)
The bill contains no provisions related to water rights, water management, inter-basin transfers, dams, or any water resource policy.
ARTICLE VI. NATURAL RESOURCES AND ENVIRONMENT (0)
The bill contains no provisions addressing natural resource management, environmental policy, federal lands, wilderness areas, or forest health.
ARTICLE VII. ENERGY (0)
The bill contains no provisions related to energy policy, energy independence, hydroelectric power, nuclear energy, or energy infrastructure.
ARTICLE VIII. IDAHO NATIONAL LABORATORIES (0)
The bill contains no provisions related to the Idaho National Laboratory, nuclear research, or energy technology development.
ARTICLE IX. PRIVATE PROPERTY RIGHTS (0)
Section 18-9203(5) authorizes civil forfeiture of vehicles and gross proceeds used in violations, which touches on property rights. However, this forfeiture is narrowly tied to criminal activity rather than representing a regulatory taking or diminishment of property development rights, placing it outside the core concerns of this metric.
ARTICLE X. STATE AND FEDERAL LANDS (0)
The bill contains no provisions addressing state or federal land ownership, land management, or land administration policy.
ARTICLE XI. WILDLIFE MANAGEMENT (0)
The bill contains no provisions related to wildlife management, hunting, fishing, predator control, or recreational land access.
ARTICLE XII. ECONOMY (0)
The bill imposes significant penalties on a broadly defined set of organizations — including corporations, partnerships, and sole proprietorships — through mandatory business license revocations (Section 18-9203(4)) and fines up to $3,000 per alien per offense. While these penalties could burden legitimate businesses that employ or serve immigrant populations, the bill does not directly regulate commerce, labor markets, or trade, keeping its economic impact indirect.
ARTICLE XIII. HEALTH AND WELFARE (0)
Section 18-9204(2) explicitly exempts licensed medical professionals and first responders providing emergency services from the bill's prohibitions, preserving emergency care access. The bill does not address healthcare delivery systems, insurance, or welfare programs.
ARTICLE XIV. AMERICAN FAMILY (0)
The bill contains no provisions addressing marriage, parental rights, abortion, child welfare, or family structure as defined under this metric.
ARTICLE XV. OLDER AMERICANS (0)
The bill contains no provisions addressing retirement, senior services, or policies specifically affecting older Idahoans.
ARTICLE XVI. LAW AND ORDER WITH JUSTICE (1)
The bill directly implements state-level enforcement authority over immigration-related crimes, consistent with the principle that Idaho has the right to defend against foreign invasions and enforce laws protecting its citizens. Sections 18-9202 and 18-9203 establish a comprehensive criminal framework — from misdemeanor to felony — for organizations that harbor or support unlawfully present aliens, and Section 18-9205 establishes a clear evidentiary standard using federal immigration records.
ARTICLE XVII. NATIONAL DEFENSE – SECURING THE BORDER (1)
Section 18-9202 directly prohibits the conduct — concealing, harboring, transporting, and providing financial or legal support to illegal aliens — that border security policy identifies as enabling unlawful immigration. The bill's felony provisions for organizations aiding five or more aliens (Section 18-9203(2)) and its mandatory license revocation penalties (Section 18-9203(4)) create strong state-level deterrents that reinforce federal immigration enforcement under 8 U.S.C. 1324.
ARTICLE XVIII. ELECTION OF JUDGES AND IDAHO SUPREME COURT JUSTICES (0)
The bill contains no provisions addressing judicial elections, judicial selection processes, or constitutional interpretation standards.
ARTICLE XIX. RELIGIOUS LIBERTY (0)
The bill contains no provisions addressing religious freedom or conscience protections. Notably, religious organizations that provide shelter or financial support to undocumented immigrants could face liability under Section 18-9202(4), but the bill includes no religious liberty exemption — an omission that may raise future legal questions but does not itself constitute a direct legislative action on religious liberty.