Idaho Legislature Passes Bill Blocking Unauthorized Immigrants From Public Services
BOISE, ID – The Idaho Legislature passed and sent to the governor a bill to prevent unauthorized immigrants in Idaho from accessing publicly funded assistance.
Bill cosponsor Rep. Jordan Redman, R-Coeur d’Alene, has said the goal of House Bill 135 is to prioritize people who are living in the U.S. with proper authorization to access welfare benefits. Last year, Redman brought a similar bill that failed in committee.
To receive public assistance in Idaho, state agencies are largely required to verify the lawful presence of adults applying for benefits. But, Idaho law spells out exceptions for certain services, including emergency health care, immunization, communicable disease testing and treatment, prenatal and postnatal care, and food assistance for dependent children.
House Bill 135 would remove some of those exceptions, requiring state agencies to verify someone’s immigration status for access to health assistance for immunizations, communicable disease testing and treatment, prenatal and postnatal care, and food assistance for dependent children.
Under the bill, some emergency services would still be exempt from the immigration status verification requirement.
Another bill cosponsor, Sen. Phil Hart, R-Kellogg, told Idaho senators the bill doesn’t prevent people from accessing services.
“What it does do is it would prevent the state of Idaho for paying for those. So you could still access these types of services through a nonprofit. You could pay for them yourself, or you could get somebody else to pay for them,” Hart said. “And so the impact of the bill, from a financial standpoint, is actually fairly minimal.”
The Idaho Senate passed the bill on a 26-9 vote Tuesday, with all six Senate Democrats opposing the bill, joined by three Republican senators. The House already passed the bill on a 46-22 vote.
Sen. Guthrie was among three Senate Republicans to oppose bill
Sen. Jim Guthrie, R-McCammon, opposed the bill. He argued it could affect the public health of Idaho’s entire population — by denying public vaccine coverage for undocumented immigrants.
And he argued the bill, by denying food assistance coverage, conflicts with U.S. Supreme Court precedent that says children born in America are U.S. citizens, regardless of their parents’ citizenship status.
“In this building, we take a great deal of pride in being a pro-life state, and I share in that objective,” Guthrie told senators. “But in this case, the legislation denying prenatal care could compromise lives of the pre-born. And so I guess, unless we’re becoming selective in our application of when pro-life is important, maybe that’s a point to consider.”
Democrats paint the bill as cruel. Arguing in favor, Sen. Zito says compassion should come earlier.
Sen. Christy Zito, R-Mountain Home, said she kept hearing the word compassion come up in debate on the bill. She argued that should come earlier.
“If I’m a mother and I have children or I’m pregnant and getting ready to have a child, why would I put my children into a position where they were in a country where I had no way to take care of them? Why would I have them in a position where I was a fugitive from the law, where I was already breaking the law by being where I am?” Zito told senators. “I think the compassion begins long before these children are in a position where they need these services. The compassion begins with making sure that we’re good with the law.”
Democrats cast the bill as cruel. Senate Minority Leader Melissa Wintrow, D-Boise, said when lawmakers debated the issue nearly two decades ago, they were careful to ensure children wouldn’t be denied services.
Sen. Ron Taylor, D-Hailey, said he asked himself two questions on the bill.
“Have we as a society lost all respect for decency? I haven’t been able to answer that one yet. I think that question remains to be answered. The second question I asked myself was, ‘What would Jesus do?’” Taylor said. “I answered that question. I’ll be voting no.”
When the bill is transmitted to Gov. Brad Little, he has five days, excluding Sundays, to decide on it. He has three options: sign it into law, allow it to become law without his signature, or veto it.
If passed into law, the bill would take effect July 1.
Idaho Capital Sun is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Idaho Capital Sun maintains editorial independence. Contact Editor Christina Lords for questions: info@idahocapitalsun.com.
