Tipsheet

This State Might Soon Require Police to Check Immigration Status After Arrests

Idaho lawmakers are advancing a measure that would require police officers in the state to verify immigration status when they make arrests.

The state House passed the bill on Wednesday with a 40-30 vote. Now the measure will head to the Senate for further debate.

The bill, proposed by Republican state Reps. Dale Hawkins and Kyle Harris, would apply to local, county, and state law enforcement agencies, Idaho News reported.

Supporters of the proposed legislation point out that it is a better way to gather information about immigration-related arrests and detention in the state. They argue that it is a more effective way to address overcrowding in jails and prisons by ensuring that those who are in the country illegally are deported instead of taking up space in these facilities.

On the other hand, critics, including law enforcement associations contend that it might create more difficulties for officers.

The bill has received pushback from key law enforcement groups. The Idaho Sheriff's Association, the Idaho Fraternal Order of Police, and the Idaho Chiefs of Police Organization have all come out in opposition to the bill, saying it will add additional steps, create duplicative work between city and county law enforcement agencies, and could make arrests even more confrontational.

Agencies would be required to submit reports twice a year on the immigration status and nationality of arrestees, crime statistics involving foreigners, and the number of illegal immigrants who were investigated, apprehended, detained, and turned over to federal immigration authorities.

Law enforcement departments that fail to comply with the measure could lose state funding. Meridian Police Chief Tracy Basterrechea warned that forcing officers to inquire about immigration status could intensify encounters with civilians.

Idaho is one of several states considering or passing laws to this effect. Georgia enacted a law in 2024 requiring jailers to check the immigration status of inmates and apply for 287(g) agreements that allow local law enforcement to assist federal immigration enforcement authorities in prisons.

Tennessee passed a measure requiring police to communicate with immigration authorities if they discover that someone is in the country illegally. Montana took it a step further, allowing officers to check immigration status during routine traffic stops. This law is currently facing a court challenge from immigration advocacy groups.