BOISE, ID – An Idaho Senate committee on Monday advanced a renewed legislative effort to mandate Idaho law enforcement to enter formal agreements with federal immigration authorities. However, there may be more adjustments to the bill coming.
The Idaho Senate State Affairs Committee voted to send Senate Bill 1441 to the Senate floor for potential amendments. The bill would require city police departments and Idaho sheriffs’ offices across the state to enter 287(g) agreements with U.S. Immigration and Customs Enforcement to participate in some limited immigration enforcement actions. There would be narrow exceptions to mandate participation only if resources are available, or if the city council or county commission publishes a “finding of fact” showing the agency can’t afford to.
“What this bill is really about is providing a uniform framework across the state,” bill sponsor Senate President Pro Tempore Kelly Anthon said Monday. “A general rule that allows for exceptions, as opposed to a situation where we don’t know what the situation is in every different jurisdiction.”
The bill is an updated version of House Bill 659, which passed the House but died in the Senate State Affairs Committee on March 16, the Idaho Capital Sun previously reported.
Anthon said he tried to work with federal officials and the Idaho Sheriffs’ Association to address its concerns on the HB 659, but the sheriffs still spoke in opposition to the Senate bill Monday.
County sheriffs who testified said law enforcement already has the option to enter into 287(g) agreements, and all of them cooperate with ICE in other ways outside of the program. The association has accused legislative leaders of bending to pressure from Stephen Miller, a top official in President Donald Trump’s administration, KIFI Local News 8 reported.
Canyon County Sheriff Kieran Donahue said at Monday’s public hearing that Anthon noted he worked with federal officials in crafting the legislation.
“I would say that’s not the correct approach,” Donahue said. “Because we should know what’s good policy for Idaho. You’re looking at the people who know what’s good policy in a sheriff’s office for Idaho. We do this every day.”
Seth Grigg, executive director of the Idaho Association of Cities, said the association had concerns about the bill requiring county commissions to submit the written reasons for county sheriff’s offices not being able to enter agreements, instead of the sheriffs, who are elected officers.
“In our view, this is really blurring those constitutional authorities that are out there for the sheriff versus the board of county commissioners,” Grigg said.
The committee voted 6-3 to send the bill to the “14th Order,” where it may be amended. The three “no” votes came from Sens. James Ruchti, a Boise Democrat; New Plymouth Republican Brandon Shippy, and committee Chairman Jim Guthrie, a McCammon Republican. All of them thought the bill needed more work.
Anthon told the Sun he planned an amendment to address a concern about the bill not providing the same liability protection if they are acting as a federal agent under the Idaho Tort Claim Act that they have acting as local law enforcement.
He said he’s also open to law enforcement working with him more to address their concerns if they want to suggest more amendments.
The Legislature already passed its targeted adjournment date of March 27 for the 2026 legislative session. Business is expected to wrap up this week, although lawmakers can’t leave for the year until a state budget is fully approved.
Asked if Anthon thought he could make the changes to the bill and pass it in time, he said, “It’s my intention to push forward.”
“If it can be done this session, great,” Anthon said. “If not, we’ll be back in nine months.”
This story first appeared on Idaho Capital Sun.
