Idaho legislators introduce bill to crack down on employers who hire undocumented workers

Rachel Spacek, InvestigateWest

BOISE (InvestigateWest) — A bill to require all Idaho employers to verify the work authorization and legal status of their workers was introduced in the Idaho Legislature on Friday, despite calls against it from federal lawmakers and Idaho employers.

InvestigateWest previously reported that Idaho legislators were working on a bill that would require all Idaho employers to use E-Verify, a government website that verifies the legal status of workers and flags when someone is not eligible to work in the U.S.

The bill sponsor, Rep. Jordan Redman, R-Coeur d’Alene, told the House State Affairs Committee on Friday that the bill “fits well into the new administration’s agenda to correct the last 40 years of illegal immigration.”

At least 16 states have mandatory E-Verify laws, and in most cases it has had little or no effect on the number of undocumented people living in those states, according to population data from Pew Research Center, and has led to few penalties for employers. Mandatory E-verify also faced opposition from Congressman Mike Simpson, who told InvestigateWest that the legislature should wait to consider action on E-Verify until the federal government has a plan to create a path to legal status for undocumented agricultural workers.

RELATED | Idaho lawmakers consider requiring employers to verify immigration status of workers; program shows little impact in other states

Idaho dairy farmers employ thousands of workers, many of them foreign born and undocumented, and are generally opposed to mandatory E-Verify. Farmers want a path to legal status for their current workers and their immediate families and an expansion of the worker visa program to allow year-round employment of foreign workers.

Rick Naerebout, chief executive officer of the Idaho Dairymen’s Association, told InvestigateWest on Friday that he hopes the association and Redman can reach common ground in the coming weeks, before the bill gets a public hearing.

“We understand the need for (immigration) enforcement, but we need it to be a two-part conversation,” he said.

A mandatory E-Verify bill could threaten the workforce that dairies and other industries rely on.

“We think E-Verify is a fair ask if you have a sector of the economy that has access to visa programs, but for sectors of the economy where you don’t have access to visas, there has to be a way to not have it be so detrimental to those industries,” Naerebout said.

If it passes, the law would take effect Jan. 1, 2026, “to allow for employers that may have illegal aliens working for them to find new staff that have legal status,” Redman said.

The penalty for the first time an employer is found not using E-Verify would be a possible business license suspension of up to 60 days, according to a copy of the bill. If the employer is employing any undocumented workers, a court could also order the employer to fire any workers who are determined undocumented by the federal government and could require a sworn affidavit saying it terminated any undocumented workers. On a second violation, the state could permanently suspend a business license.

The bill would also allow Idaho residents to report businesses they believe are employing undocumented workers to the attorney general in the form of a petition.

Redman said that mandatory E-Verify would help “people that are here legally receive employment.”

Researchers at the University of Idaho told InvestigateWest previously that for decades, American workers have not wanted to take jobs on farms, especially dairies which require workers to work long shifts all year round. Dairy profit margins are slim, according to researchers, and employers can’t afford to go above the $18 to $20 an hour wages that they pay currently.

Two legislators on the House State Affairs Committee voted against introducing Redman’s bill. Rep. Stephanie Mickelsen, R-Idaho Falls, said she was concerned with the cost of staff that would be required to enforce the new law. Rep. Malena Schubin, D-Boise, also voted against introducing the bill.

InvestigateWest is an independent news nonprofit dedicated to investigative journalism in the Pacific Northwest. A Report for America corps member, reporter Rachel Spacek can be reached at [email protected].