Bill Analyses and Ratings
Bill Information: H0659 – Mandatory 287(g) Immigration Enforcement Participation
Bill Summary
House Bill 659 creates new Section 19-626 in Idaho Code, mandating that every law enforcement agency in the state—including all municipal police departments and county sheriff’s departments—apply for and participate in federal Section 287(g) programs with Immigration and Customs Enforcement (ICE). Section 287(g) of the Immigration and Nationality Act allows specially trained local peace officers to perform immigration enforcement functions including investigation, apprehension, and detention of noncitizens under federal oversight.
The bill requires agencies to participate in any available 287(g) program model, specifically mentioning the jail enforcement model and warrant service officer model operated by the Department of Homeland Security. If a law enforcement agency cannot enter into a 287(g) memorandum of agreement, it must publish a statement explaining why and describing any alternative cooperation efforts with ICE’s enforcement and removal operations. The bill includes an emergency clause making it effective July 1, 2026.
Overall Assessment
This bill transforms every local law enforcement agency in Idaho into an extension of federal immigration enforcement by requiring participation in 287(g) programs. Local police and sheriff’s deputies will gain authority to investigate, apprehend, and detain individuals based on immigration status during their regular duties. The mandate applies statewide regardless of local community preferences or resource constraints, fundamentally changing the relationship between local law enforcement and immigrant communities.
Rating Breakdown
ARTICLE I. RESPONSIBILITY IN GOVERNMENT (0)
The bill creates a state mandate requiring local agencies to apply for federal programs but does not address fiscal responsibility, taxation, government spending, or legislative operations. While it imposes new requirements on local governments, it does not engage with budgetary constraints, unfunded mandates, or financial accountability principles.
ARTICLE II. CITIZEN INVOLVEMENT IN GOVERNMENT (0)
The bill concerns law enforcement operational requirements and federal program participation. It contains no provisions related to citizen participation in government, election procedures, voting rights, or political processes.
ARTICLE III. EDUCATION (0)
The bill addresses law enforcement immigration enforcement cooperation and contains no provisions related to education policy, curriculum, parental rights, school choice, or educational funding.
ARTICLE IV. AGRICULTURE (0)
The bill focuses exclusively on law enforcement participation in immigration enforcement programs. It does not address agricultural industry, farming operations, ranching, or agricultural water rights.
ARTICLE V. WATER (0)
The bill concerns immigration enforcement procedures and contains no provisions related to water rights, water appropriation, inter-basin transfers, or water resource management.
ARTICLE VI. NATURAL RESOURCES AND ENVIRONMENT (0)
The bill addresses law enforcement cooperation with federal immigration authorities and does not engage with environmental stewardship, natural resource utilization, federal land management, or environmental regulations.
ARTICLE VII. ENERGY (0)
The bill concerns immigration enforcement participation requirements and contains no provisions related to energy independence, energy resource development, hydroelectric power, or energy regulation.
ARTICLE VIII. IDAHO NATIONAL LABORATORIES (0)
The bill addresses law enforcement immigration enforcement duties and has no connection to the Idaho National Laboratory, nuclear research, or energy technology development.
ARTICLE IX. PRIVATE PROPERTY RIGHTS (0)
The bill mandates law enforcement participation in federal immigration programs but does not address property rights, eminent domain, regulatory takings, or property development restrictions.
ARTICLE X. STATE AND FEDERAL LANDS (0)
The bill concerns law enforcement immigration enforcement cooperation and contains no provisions related to federal land ownership, state land management, or land transfer policies.
ARTICLE XI. WILDLIFE MANAGEMENT (0)
The bill addresses immigration enforcement procedures and has no connection to fish and wildlife management, hunting, fishing rights, or predator control.
ARTICLE XII. ECONOMY (0)
The bill requires law enforcement participation in federal immigration programs but does not directly address economic growth, commerce and industry, small business support, labor policy, or transportation infrastructure.
ARTICLE XIII. HEALTH AND WELFARE (0)
The bill focuses on law enforcement immigration enforcement participation and contains no provisions related to healthcare delivery, patient rights, health insurance, or welfare programs.
ARTICLE XIV. AMERICAN FAMILY (0)
The bill addresses law enforcement operational requirements for immigration enforcement and does not directly engage with family values, marriage policy, right to life issues, or child welfare programs.
ARTICLE XV. OLDER AMERICANS (0)
The bill concerns immigration enforcement procedures and contains no provisions related to services for older Americans, retirement security, or policies affecting working seniors.
ARTICLE XVI. LAW AND ORDER WITH JUSTICE (1)
Section 19-626(2) requires each law enforcement agency to apply for and participate in 287(g) programs, enabling local officers to perform immigration enforcement functions including investigation, apprehension, and detention of noncitizens. This directly implements state sovereignty principles regarding defense against what the metric characterizes as foreign invasions, giving local law enforcement tools to enforce immigration law within their jurisdictions.
ARTICLE XVII. NATIONAL DEFENSE – SECURING THE BORDER (1)
The bill mandates participation in 287(g) programs that enable local officers to identify, arrest, detain, and facilitate removal of individuals unlawfully present in the United States, as defined in Section 19-626(1)(a). This directly implements border security priorities by extending immigration enforcement capabilities throughout Idaho, addressing concerns about illegal immigration through enhanced cooperation with ICE's enforcement and removal operations.
ARTICLE XVIII. ELECTION OF JUDGES AND IDAHO SUPREME COURT JUSTICES (0)
The bill addresses law enforcement immigration enforcement participation and contains no provisions related to judicial elections, judicial selection processes, or constitutional interpretation principles.
ARTICLE XIX. RELIGIOUS LIBERTY (0)
The bill concerns law enforcement cooperation with federal immigration authorities and does not address religious freedom, free exercise of religion, or government interference in religious practices.