Foreman tackles sanctuary cities, private militias

BOISE — Sen. Dan Foreman, R-Moscow, introduced three pieces of legislation Wednesday that would punish sanctuary cities, repeal the state law banning private militias, and prohibit colleges and universities from banning guns on campus.

The Senate State Affairs Committee unanimously voted to introduce all three proposals.

Foreman proposed adding a new chapter to the state’s immigration code that would prohibit local governments from declaring themselves “sanctuary cities,” declaring that they will limit cooperation in federal immigration investigations or discourage local law enforcement from reporting immigration status.

Under the proposal, anyone could file a complaint to the state attorney general with evidence that a local government entity was discouraging participation in federal immigration laws. If the attorney general determined the entity wasn’t in compliance, and it did not come into compliance after being notified, the state could deny grant funds for the fiscal year and withhold sales tax revenue until it comes into compliance.

“I don’t think it’s a widespread issue in Idaho,” Foreman said of sanctuary cities, “but I think it’s in the wings. It’s coming.”

He said that as a former law enforcement officer, he was concerned about some entities deciding not to follow the law. He sees it as a nationwide issue.

“We have some nearby states that have major metropolitan areas, cities that have declared that they’re not going to follow federal law,” Foreman said. “Well, this breeds contempt for the law.”

Seattle and Portland, Ore., both declared themselves sanctuary cities for undocumented immigrants.

Foreman also proposed to repeal state code related to militia and military affairs that prohibits unorganized associations and parades.

The 1927 statute states, “No body of men, other than the regularly organized national guard, the unorganized militia when called into service of the state, or of the United States, and except such as are regularly recognized and provided for by the laws of the state of Idaho and of the United States, shall associate themselves together as a military company or organization, or parade in public with firearms in any city or town of this state.”

Foreman called it “vague” and “outdated,” and said it’s not enforced.

“I think what we’re looking at, probably in an unintended way, a First Amendment and Second Amendment rub on this,” he said.

A similar bill, sponsored by Rep. Joe Palmer, R-Meridian, passed the House last session but died in Senate State Affairs.

Foreman said in his area, there is a good relationship between armed groups and law enforcement.

“Up in my neck of the woods, there’s been at least two instances where a group came into the area, and the local residents were concerned about it so they organized,” he said. “I don’t know if they gave themselves a name or not but they showed up, they were armed, they showed up en masse, and everything was peaceful.”

In questioning the proposal, Sen. James Ruchti, D-Pocatello, asked whether this would allow white supremacy groups to parade.

“Is it your understanding that by repealing this statute, it would allow an armed militia to parade through the streets of Sandpoint, it would allow the Aryan Nations, with firearms, to parade in Coeur d’Alene?”

Foreman said it wouldn’t just allow Aryan Nations or other white supremacy groups to march, “it would allow all Americans to do so, and they are Americans, and as much as I disagree with their ideologies, I’ll support all day their right to exercise their constitutional right.”

In 1999, a court ordered the city of Coeur d’Alene to issue the Aryan Nations a parade permit, arguing its denial was a violation of free speech.

Sen. Kelly Anton, R-Burley, said in regard to his motion to introduce the legislation that it will warrant further discussion by the committee and that it “directly affects some constitutional rights that this committee has found very important to protect.”

Foreman’s last proposal of the day was to prohibit administrators at the state’s colleges and universities from banning firearms on campus. He said these bans violate students’ Second Amendment rights and create “a confusing matrix of gun rules.”

Guido covers Idaho politics for the Lewiston Tribune, Moscow-Pullman Daily News and Idaho Press of Nampa. She may be contacted at lguido@idahopress.com and can be found on Twitter @EyeOnBoiseGuido.