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House Committee weighs bill that would outlaw aiding undocumented immigrants

Idaho State Capitol Building
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BOISE — 62 people submitted public testimony on Tuesday, as the House Committee weighed House Bill 764.

The proposed legislation would make it a crime, in some cases a felony, for organizations and agencies, or their directors and officers, to conceal, harbor or shield an undocumented immigrant.

Under H.B. 764, it would be a crime to provide shelter, transportation, financial support or legal assistance to anyone in the United States without proper documentation.

The bill was introduced by the Ways and Means Committee and would bind organizations, companies, trusts, directors, officers, and agents if passed.

Guilty parties under the legislation would be fined with a misdemeanor for each undocumented person being "concealed", "harbored" or "shielded", or receive a felony if more than five undocumented immigrants were discovered.

Additionally, the state could revoke business licenses and impose fines up to $3,000 per offense.

Faith leaders, non-profits, volunteers and local law enforcement all came to the Statehouse to testify.

During the meeting, bill sponsor Representative Dale Hawkins said that the bill would not require churches or charities to check immigration status. However, despite Rep. Hawkins' clarification, many who testified felt that the bill unfairly targets those committed to helping marginalized groups.

"The bill exposes those who serve the poor to criminal penalties," a Meridian resident who volunteers with St. Vincent de Paul said, "The only way to protect them is to ID every person seeking help."

Reverend Jenny Hirst with Collister United Methodist Church says the bill undermines humanitarian efforts in Idaho. "If we believe Jesus reveals the heart of God, then how we treat the most vulnerable among us is how we are treating God," Hirst said.

Other opponents of the bill pointed out the vague language.

"This bill does not provide a clear exception to aid victims of crime or speak to witnesses as needed," Ada County Sheriff Matt Clifford, representing the Idaho Sheriff's Association, said.

During the meeting, Clifford said that the bill was nearly identical to H.B. 335, which was voted to be held in committee last year. "My objection remains the same as it was last year," Clifford said.

Clifford says the bill does not acknowledge law enforcement's duty to aid victims of violent crimes or inform people of their due process.

However, supporters of the bill say that Idahoans should not be giving undocumented immigrants resources.

One woman who testified in favor of the bill said that people without documents in Idaho "put strains on our schools, medical facilities and social service programs."

Ultimately, in a 9-7 vote, legislators voted to hold the bill in committee.