2026 - SB 1441 - Statewide ICE Partnership

This bill replaced HB 659.

SB 1441 would create a legal obligation for all Idaho police jurisdictions to enter into a 287(g) agreement with ICE, taking public safety decisions away from local communities and eroding community trust in local law enforcement. It could lead to lawsuits and cost local taxpayers millions, while forcing local police to do ICE's bidding – all without community input.

What would SB 1141 do?
It would require every local law enforcement agency, city police department, and county sheriff's office in Idaho to enlist in ICE's 287(g) program, which deputizes local law enforcement to serve ICE. SB 1141:

• Violates local autonomy and undermines local law enforcement's ability to focus on community needs. SB 1141 would require all local agencies to partner with ICE, regardless of local priorities, available resources, or expertise – and even if they think it's a bad idea for their community.
• Creates an unfunded mandate. The bill requires local agencies and county commissioners to take on new responsibilities without state or federal funding. Forcing local governments to determine the cost and absorb the costs of training, staffing, and compliance.
• Doesn't improve public safety in Idaho. Studies have long shown that the 287(g) program hurts public safety by decreasing trust in local law enforcement and diverting resources away from the investigation of serious crimes.
• Overrides local control and decision-making. By mandating a one-size-fits-all approach, the bill prevents communities from setting policing priorities through locally elected officials and limits their ability to respond to local needs. Signing on to a 287 (g) agreement is already optional and certain counties in Idaho have already opted in.

What if local law enforcement doesn't want to partner with ICE?
They wouldn't have a choice. If a local law enforcement agency is unable to enter a 287(g) agreement for any reason, they must publicly explain why and describe what alternative steps they're taking to cooperate with ICE anyway. In addition, they must work in partnership with County Commissioners and Cities to state the reasons why resources are not available.