Idaho Committee Rejects Bill to Criminalize Helping Unauthorized Immigrants

The proposed legislation would have allowed charges against individuals and organizations that assist undocumented immigrants.

Published on Mar. 4, 2026

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An Idaho House committee on Tuesday voted 9-7 to reject a bill that would have criminalized helping unauthorized immigrants in the state. House Bill 764, sponsored by Republican Rep. Dale Hawkins and backed by the conservative Heritage Foundation, sought to allow people and organizations to be charged with crimes for providing shelter, financial support, legal assistance, or transportation to those they knew or 'recklessly disregarded' were unlawfully in the U.S. The bill faced opposition from nonprofit and religious groups, as well as the Idaho Sheriffs' Association.

Why it matters

The proposed legislation raised concerns that it would force charitable organizations across Idaho to verify the immigration status of people they serve, potentially deterring volunteers and making it harder for undocumented immigrants to access essential services. Critics also argued the bill could prevent attorneys from legally representing unauthorized immigrants.

The details

House Bill 764 would have allowed people or organizations that help at least five unauthorized immigrants to face felony charges. Several nonprofit and religious groups testified against the bill, arguing it would make citizens fearful of volunteering. The Ada County Sheriff also opposed the bill, saying it lacked a clear exception for law enforcement to aid crime victims. Supporters of the bill included conservative lobbying groups and some immigrants who favored stricter enforcement of immigration laws.

  • The Idaho House committee voted on the bill on Tuesday, March 4, 2026.
  • The bill was sponsored by Rep. Dale Hawkins, who also carried a similar bill last year.

The players

Rep. Dale Hawkins

A Republican state representative from Fernwood, Idaho who sponsored House Bill 764 and promoted it with the support of the Heritage Foundation.

Heritage Foundation

A conservative think tank that backed the proposed legislation to criminalize helping unauthorized immigrants in Idaho.

Randy Ford

The CEO of the Idaho Foodbank, who testified against the bill, arguing it would make citizens across Idaho fearful of volunteering at charitable organizations.

Matt Clifford

The Ada County Sheriff, representing the Idaho Sheriffs' Association, who testified against the bill, saying it lacked a clear exception for law enforcement to aid crime victims.

Theo Wold

A fellow at the Heritage Foundation who previously served as Idaho's solicitor general for less than a year, and helped present the bill in committee and answer lawmakers' questions.

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What they’re saying

“This makes citizens across Idaho fearful of volunteering at hundreds of charitable organizations across the state, a state that prides itself on taking care of its neighbors.”

— Randy Ford, CEO, Idaho Foodbank (dailyfly.com)

“It doesn't require investigation for the provision of services open generally to members of the public, whether they're citizens or not. That means soup kitchen lines are safe, and it means that lawyers advocating for their clients aren't concealing anything. They're openly advocating for lawful solutions; that isn't prohibited.”

— Theo Wold, Fellow, Heritage Foundation (dailyfly.com)

What’s next

The House Judiciary, Rules and Administration Committee's 9-7 vote to hold the bill in committee prevents it from advancing to the full Idaho House for further consideration.

The takeaway

The rejection of this bill highlights the tensions between enforcing immigration laws and supporting the ability of charitable organizations and legal advocates to assist undocumented immigrants in Idaho. The outcome suggests the state legislature was unwilling to pass legislation that could significantly disrupt the ability of nonprofits and lawyers to serve vulnerable populations, even if the intent was to crack down on unauthorized immigration.