Rep. Jaron Crane introduced a new bill in House State Affairs this morning that gives Idaho law enforcement the tools to identify and deport illegal aliens who commit crimes in our state. Click here to watch him present the bill. Democratic Rep. Todd Achilles voted to introduce the bill, but indicated he had numerous points of opposition once it had a full hearing. The first, he said, was that it violates the US Constitution’s Supremacy Clause.
Article VI, paragraph 2 of the Constitution states:
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
The question, of course, is how to interpret this in our current situation. Regulating immigration and naturalization is one of the duties given to the federal government in the Constitution, and the Supreme Court ruled in Arizona v. United Statesin 2012 that federal immigration statutes trumped any state law. However, the obvious question is what happens when the federal government is not properly enforcing its own laws?
We will find out soon. In 2023, the state of Texas passed a law giving state and local law enforcement agencies broad authority to arrest and deport illegal aliens. Immigrants rights organizations sued, claiming the law violated the Supremacy Clause. The case was argued before the Supreme Court last March, and hopefully they will issue a decision soon.
Rep. Crane said that he spoke with Texas attorney general Ken Paxton about his bill, and that Paxton said it looked good. The Texas AG believes that his state will prevail in the Supreme Court.
Contrary to what you might hear from corporate news media, Crane’s bill will not lead to police officers stopping people on the street and asking for their papers, nor will they be raiding dairies looking for illegal aliens. Instead it gives law enforcement a tool to help enforce already existing federal immigration law. Right now, illegal aliens who commit crimes or cause automobile accidents often simply walk away with no consequences, since they usually don’t have legitimate IDs. Under this bill, those people would be recorded as being here illegally, and if they are picked up a second time, they will be deported. Once deported under this law, they will not be allowed re-entry.
This seems eminently reasonable to me, but there will obviously be naysayers. For some Democrats and Libertarians alike, borders are an artificial creation and there should be no restrictions on freedom of movement. Then, of course, there are those who believe we need more migrant workers, whether legal or illegal, to do the “jobs Americans won’t do”. A Wisconsin activist went viral on Twitter this week for saying that without illegal immigrants, there would be no milk to drink.
Numerous figures in Idaho have made the same argument. We’re told we need guest workers to milk cows, and if we were to crack down on those here illegally, then our dairies would not have enough employees. The idea of hiring Idahoans for these jobs is apparently not even on the table.
Last year, the lobbyist for the Idaho Dairymen’s Association admitted that up to 70% of their workers would fail an audit of their I9 forms:
Many conservatives who oppose illegal immigration point out that this rhetoric is remarkably similar to antebellum southerners who might have asked who would pick cotton if not for slaves. Indeed, the guest worker system already resembles indentured servitude, especially with illegal aliens who could face deportation if they have any problems with their employer.
If we don’t correct course soon, we’re headed for a dystopian future where high-tech jobs are reserved for H-1B visa holders, low-skilled work is reserved for migrant workers, and the American people are essentially locked out of the workforce. Is this what we want?
Winning on this issue not only means legislation to crack down on illegal immigration, but resetting our state’s culture so that young people are willing to work on dairies, farms, and other jobs that we’re told Americans won’t do. Those industries need to be willing to pay for American workers as well — after all, shouldn’t Idaho companies support the people of Idaho? Maybe that means we pay a little bit more for milk, but I believe the societal benefits will far outweigh that cost. What do you think? Let me know, and let your lawmakers know as well.
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About Brian Almon
Brian Almon is the Editor of the Gem State Chronicle. He also serves as Chairman of the District 14 Republican Party and is a trustee of the Eagle Public Library Board. He lives with his wife and five children in Eagle.
