BOISE, Idaho — After a bill aimed at deterring organizations in Idaho from harboring or concealing illegal foreign nationals was held in the Judiciary, Rules, and Administration Committee on March 5, the National Immigration Center for Enforcement (NICE), which strongly supported the legislation, posted a scathing response on X.
“May as well put up a new roadside sign: Welcome to Idaho, where NGOs can continue milking the system!”
House Bill 335 (H335) was sponsored by Rep. Dale Hawkins (R–Ferwood). “This is a pretty simple bill,” Hawkins said during his presentation in the committee hearing. “It brings us in-line with the current administration.”
Before presenting the bill, Hawkins took out language at the request of Chairman Rep. Bruce Skaug to ensure that persons providing an act of charity, like serving a meal, would not be targeted. This change effectively removed individual liability from the proposed legislation.
“It’s a very poorly written bill, though I agree with the intent,” Vice Chair Rep. Joe Alfieri told Kootenai Journal on March 6. “As an example, 18-9001(1) ‘Alien’ means any person not a citizen or national of the United States. The missing word is ILLEGAL.”
“So, if your Canadian cousin comes for a visit and stays in your house, you are guilty of harboring or concealing,” continued Alfieri.
Alfieri’s comments have frustrated Hawkins and those who helped craft the language, including NICE President RJ Hauman and attorney Theo Wold, an immigration hawk who served as Deputy Assistant to the President for Domestic Policy under President Donald Trump during his first term, the Solicitor General of Idaho under Attorney General Raúl Labrador, and Deputy Chief Counsel to U.S. Senator Mike Lee on the Senate Judiciary Committee.
“Anyone claiming someone would be liable for having a relative in their home, obviously didn’t read the bill,” stated Wold. “Your home is not an organization.”
Additionally, Wold explained that Alfieri’s objection to the definition of “alien” is absurd given it is consistent with 8 U.S. Code § 1101(3) which states, “The term “alien” means any person not a citizen or national of the United States.”
Furthermore, the term “illegal” is used as a classification of an alien, not as the definition of one, and the bill clearly articulates “illegal alien” throughout.
The term “alien” is synonymous with “foreign national.” It isn’t a designation of an individual’s legal status within a country. It is a distinction of whether an individual is a citizen or national of a country other than the one they are physically located. For instance, if an American is in Mexico, Spain, or Thailand, they would be an “alien” in those places. Whether they are there legally or illegally is defined separately.
“Read the bill,” encouraged Wold, “H335 goes after the functions of organizations that violate federal immigration law.” He noted that the bill does not target aliens, whether legal or illegal, in any way and explicitly denies Idaho law enforcement officials the ability to designate a person as legal or illegal.
“The intent…is to go after organizations that are intentionally doing these [illegal] actions,” Hawkins stated in committee.
Several attorneys testified against H335, including Emily Croston, staff attorney with ACLU of Idaho. “This bill is overtly and irredeemably unconstitutional.” Croston claimed the bill regulates immigration, conflicts with federal law, violates due process, and criminalizes speech.
Dan Shepherd with Idaho Tough on Crime testified that H335 was “necessary and reasonable” to ensure that Idaho “upholds the rule of law and maintains public order.”
Ada County Sheriff Matt Clifford testified that while he agreed with the intent of the bill, he had concerns with the “broad language” and requested H335 be sent to the amending order for additional language under the law enforcement exemption.
Christian Welp, the Director of Diocesan Services at the Roman Catholic Diocese of Boise, testified against H335.
Chairman Skaug cut off public comments before allowing NICE President Hauman a chance to address the committee. On March 6, his full public testimony for H335 was posted on X.
“To accomplish their goal of unlimited illegal immigration, the Biden administration relied heavily on NGOs to receive, process, transport, lodge, and counsel the illegal aliens. To do so, they paid them billions—our hard earned money… Even worse, these organizations publicly advocate for MORE illegal immigration, and against the enforcement of our laws.”
“Catholic organizations are among the top recipients of federal immigration funds. Between 2008-2022, Catholic charitable organizations received approximately $3 billion in federal funding.” stated Hauman’s testimony on X. “Shouldn’t Catholic charitable organizations devote themselves to the problems of poverty, lack of education, inequality, unemployment, and poor health care in the illegal immigrants’ countries of origin? Why are they instead helping criminal aliens break the law and transform our country? It all comes back to money.”
Rep. Heather Scott (R–Blanchard), who voted against the motion to hold the bill in committee, told Kootenai Journal, “It seems like there are numerous groups in Idaho working against the Trump agenda [in order] to keep illegal aliens in our state. That is unfortunate.”
When asked for comment, Hawkins stated, “It looks like Idaho moves closer to a sanctuary state.”
Alfieri denied being affiliated with “any entity that currently harbors, houses, or conceals illegal foreign nationals,” or involvement with any Catholic charity that received federal funds over the past four years. Five fellow Republicans and all three Democrats on the committee voted with Vice Chair Alfieri and Chairman Skaug in the 10-5 vote. Scott and Hawkins were joined by Rep. Barbara Ehardt (R–Idaho Falls), Rep. Edward Hill (R–Eagle), and Rep. Clint Hostetler (R–Twin Falls).
Immediately following the hearing, the ACLU of Idaho boasting about “killing H335” in committee on X.
