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Idaho law enforcement continue vocal opposition as ICE legislation heads to State Senate

IDAHO FALLS, Idaho (KIFI) – Law enforcement groups throughout the state are sounding off in opposition to Senate Bill 1441 as it advances in the Idaho Senate.

The controversial bill would require each law enforcement agency in Idaho to enter into section 287(g) programs with the U.S. Department of Homeland Security, requiring agencies to participate in the jail enforcement model, warrant service officer model, and task force model – in which local law enforcement would search for illegal immigrants in the community and take action against them.

“That was the intention, to make sure that cooperation with ICE and communication with ICE is governed by agreements that are set forth by the federal government – these 287(g) agreements,” said Idaho Senate President Pro Tempore Kelly Anthon, R-Rupert, “and that we don't see that cooperation differing from jurisdiction to jurisdiction – that we create the general rule with the exceptions.”

Agencies that choose not to participate would be required to submit their reasons in writing to the Department of Homeland Security.

The Idaho Sheriffs' Association, Idaho Chiefs of Police Association and the Fraternal Order of Police Idaho Lodge have stood consistently against the proposed legislation.

Idaho Fraternal Order of Police President Bryan Lovell, whose organization represents 2,800 law enforcement personnel in Idaho, said law enforcement resources in the state are already stretched without adding the additional programs, responsibilities, and training these agreements with U.S. Immigration and Customs Enforcement would require.

“We heard from the sheriffs and some of the chiefs even, since versions of this bill have been introduced, is that everybody has the desire to work with ICE and mitigate immigration issues – illegal immigration issues,” Lovell said. “But we want to be able to maintain the ability to not work for them, you know, work with them, but not work for them and be able to still maintain all the things that [we]'re responsible to take care of in the community.”

Lovell is concerned that asking local law enforcement to perform federal roles could endanger police officers, troopers, and deputies. 

“When you stretch these resources so thin, then it makes it a safety issue for officers on the street,” he said. “It's a safety issue for the community because 911 calls still happen, crashes still happen, incidents still happen that aren't necessarily related to illegal immigration – and if they are, there's already processes in place and methods to deal with it right now.”

The revised bill states that “participation in such models and programs shall be required only to the extent that the necessary resources for participation are reasonably available to the law enforcement agency.”

Anthon was clear that the intent of the bill is to encourage local cooperation with ICE authorities.

“Cooperation with ICE  is something we expect from our local jurisdiction, and provide reasonable accommodations if for certain jurisdictions it just doesn't work,” Anthon said.

Most sheriff offices and police departments in the state already openly cooperate with ICE authorities, law enforcement officials said.

Lovell said that requiring agencies to state reasons in writing and report to the Department of Homeland Security if they are unable to participate in any ICE 287(g) programs adds additional layers of bureaucracy to local law enforcement.

“Some of those models for smaller agencies, for small police departments – even larger police departments that are still trying to maintain staffing and take care of all the other 911 calls and issues in their community,” he said. “They may not have the resources to just jump into that agreement.”

The Senate State Affairs Committee voted 6-3 to send the bill to the full Idaho Senate, reversing its 6-5 March 16th decision to table a similar bill.

Senate President Pro Tempore Kelly Anthon, R-Rupert, and Idaho Fraternal Order of Police President Bryan Lovell discuss the impacts of Senate Bill 1441 on illegal immigration and law enforcement in Idaho.
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