SUPPORT

HB 700 — Idaho Unlawful Employment Accountability Act

Establishes criminal penalties for knowingly hiring or continuing to employ unauthorized workers in Idaho.

✅ Makes knowingly hiring unauthorized aliens a misdemeanor under Idaho law
✅ Applies to employers, labor agents, and paid employment referral services
✅ Prohibits continuing employment after work authorization expires

✅ Provides E-Verify safe harbor as an affirmative defense
✅ Uses federal immigration determinations only
✅ Moves Idaho beyond federal-only enforcement of unlawful employment

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Authored by Rep. Kyle Harris

Scheduled for House Floor
Feb 26

Bill Summary

HB 700 creates a new Chapter 28 in Title 44 of Idaho Code prohibiting the unlawful employment of unauthorized aliens in the State of Idaho.

The bill makes it a misdemeanor for:

  • Employers

  • Employer agents

  • Labor organizations

  • Paid employment referral services

to knowingly hire, continue to employ, recruit, rehire, or refer for employment an alien who is not lawfully present in the United States or whose immigration status does not authorize employment under federal law.

The bill also prohibits employers from continuing employment once they know or reasonably should know that work authorization has expired or been revoked.

To avoid criminal liability, the bill provides an affirmative defense for employers who verify work authorization through the federal E-Verify system in good faith and receive confirmation prior to employment.

All immigration status determinations remain exclusively federal. Idaho courts must rely on federal determinations.

Impact & Limitations

IMPACT:
HB 700 moves Idaho beyond exclusive reliance on federal enforcement by creating a state-level criminal prohibition on unlawful employment.

It:

  • Establishes shared state enforcement authority.

  • Creates a clear legal consequence for knowingly employing unauthorized workers.

  • Encourages voluntary use of E-Verify through safe harbor protection.

  • Reinforces lawful labor market standards.

If actively enforced, the bill could deter egregious cases of knowing unlawful employment and narrow the most blatant abuses.

LIMITATIONS:
HB 700 does not:

  • Mandate E-Verify statewide.

  • Create license suspension or revocation penalties.

  • Establish audit or inspection authority.

  • Create civil penalties or administrative enforcement.

  • Provide reporting or metrics requirements.

Enforcement depends on:

  • Proving “knowingly” in criminal court.

  • County prosecutors choosing to bring charges.

  • Complaint-driven investigations.

Without mandatory verification or licensing consequences, the bill may have limited practical impact on employer behavior compared to stronger administrative enforcement models.

Position

Secure Idaho supports HB 700 as a meaningful but limited enforcement measure.

The bill establishes a state criminal backstop against knowing unlawful employment and affirms Idaho’s authority to participate in employment enforcement.

However, without mandatory E-Verify or structured licensing consequences, its deterrent effect may be modest.

If comprehensive E-Verify reform passes, this bill becomes largely redundant. If mandatory E-Verify fails, HB 700provides an important fallback enforcement tool.

How Secure Idaho Scored this Bill

We created a scorecard to quickly show how well each bill protects Idaho's sovereignty, jobs, families, limited government, and the freedom of Idaho citizens -priorities that match what 80% of Idahoans tell us in surveys: unchecked immigration threatens our resources, wages, and values. Yet, special interests like BigAg and the Idaho Association of Commerce & Industry (IACI) often block enforcement to prioritize cheap labor over voter priorities. Our scoring flips this by building pressure through data, tracking, and county-level mobilization ahead of the 2026 session. Here's the basic system in plain English:

1) Category Criteria and Scores: Alignment with Secure Idaho's Vision

We evaluate bills against 9 key categories that embody Idaho's core values: State Sovereignty (securing independence from federal encroachment), State Culture (protecting moral values and community cohesion), Constitutional Principles (upholding separation of powers), Government Accountability (ensuring transparency), Government Size (limiting government), Government Efficiency (fighting waste), Family Success (prioritizing families), Small Business Success (supporting the American Dream), and Individual Liberty (safeguarding personal freedoms).

For each category, we ask targeted sub-questions based on bill text, data, and potential impacts:

  • Does it strengthen/enhance/improve the goal? → +1 point

  • Does it diminish/undermine/hurt the goal? → -1 point

  • Neutral or no effect? → 0 points

We average the sub-questions per category (equal weighting), then sum the 9 averages for an Overall Raw score (-9 to +9). This is converted to a 0–100 Secure Idaho Alignment Score: (Raw + 9) ÷ 18 × 100. Higher scores mean stronger alignment with protecting Idaho from unchecked immigration strains.

2) Impact Rating: The 5 Levels of Real-World Effect

Beyond alignment, we rate the bill's potential impact on a 1–5 scale, considering scope (statewide vs. limited), enforcement (penalties vs. voluntary), projected effects (e.g., reducing job/housing/welfare strains per data), blockability (vulnerable to BigAg amendments/exemptions), and precedent.

  • 1: Symbolic/Minimal (e.g., resolutions, studies - no enforcement; limited to one program/county; no teeth; easily blocked; minimal precedent). Low pressure on special interests.

  • 2: Narrow/Limited (e.g., one-sector restrictions; easy exemptions; voluntary compliance; some data tracking but weak follow-through; moderate block risk). Incremental but not transformative.

  • 3: Moderate (e.g., partial mandates with penalties; metrics for review; affects multiple sectors but with gaps; builds some precedent; medium risk of weakening). Builds momentum for county mobilization.

  • 4: Significant (e.g., statewide mandates with real penalties; direct protections for jobs/resources; hard to exempt; strong data-driven effects; counters BigAg influence). High advocacy value.

  • 5: Transformative (e.g., full E-Verify/sanctuary bans; blocks federal/H-2A overreach systemically; robust enforcement; statewide scope; sets major precedent for 2026 flips). Game-changer for sovereignty.

This rating ensures we prioritize bills with teeth over feel-good measures.

3) Bill Tier: How Alignment + Impact Determine Priority and Legislator Impact

We combine the Alignment Score (0–100) and Impact Rating (1–5) to assign a Tier (1–3), which sets a multiplier for how much the bill affects legislator scores on our dashboard. Higher alignment + higher impact = higher tier. For example: Strong alignment (80+) with transformative impact (5) might earn Tier 1; moderate alignment (50–69) with narrow impact (2) might be Tier 3.

  • Tier 1 (Multiplier: 4x – High Impact): Top priority—strong alignment, significant/transformative effects. These bills (e.g., mandatory E-Verify) heavily influence legislator scores; supporting them boosts a rep's grade, while blocking tanks it. We rally hard (petitions, rallies, county task force posts).

  • Tier 2 (Multiplier: 2.5x – Medium Impact): Solid alignment, moderate/significant effects. Worth backing but monitored for amendments (e.g., sanctuary bans). Medium weight on scores—encourages flips without overwhelming.

  • Tier 3 (Multiplier: 1.5x – Limited Impact): Weaker alignment or lower impact (e.g., studies or partial restrictions). Low weight on legislator scores—doesn't make or break a grade but tracks patterns (e.g., repeated BigAg ties). We watch/expose rather than lead advocacy.

  • Tier 4 (1x multiplier – Minimal Impact): Low alignment + symbolic/narrow impact. Mostly feel-good or toothless measures that don’t meaningfully protect Idahoans from immigration strains. Minimal or no weight on legislator scores - we note them for patterns but focus energy elsewhere (e.g., stronger bills).

Why tiers matter: They ensure high-stakes bills count more toward legislator accountability. A vote on a Tier 1 bill could swing a score by 40–80 points; Tier 3 by just 15–30. This pressures reps to prioritize voter demands over lobby donors (see our Follow the Money dashboard for BigAg PAC ties).

HB 700 scores 66 because it establishes a state-level criminal prohibition on knowingly hiring or continuing to employ unauthorized workers, but does so without creating a mandatory verification system, licensing consequences, or structured enforcement mechanism. The bill adds a new Chapter 28 to Title 44, Idaho Code, making unlawful employment a misdemeanor and prohibiting employers from continuing employment once they know or reasonably should know that work authorization has expired. It also provides an affirmative defense for employers who verify employment eligibility through the federal E-Verify system in good faith.

Unlike broader administrative enforcement models, HB 700 relies on traditional criminal prosecution. It does not mandate E-Verify statewide, does not create civil penalties, does not authorize audits or inspections, and does not impose license suspension or revocation. Enforcement depends on proving “knowingly” in court and on county prosecutors choosing to bring charges. As a result, while the bill formally moves Idaho beyond exclusive federal enforcement of employment law, its practical deterrent effect may be limited compared to legislation that directly conditions business licensure on compliance.

The bill reinforces the principle that lawful employment standards should be upheld at the state level and provides a fallback enforcement tool if broader E-Verify reform fails. However, without mandatory verification or automatic economic consequences, it is unlikely to materially reshape employer behavior across the labor market. RS33131 therefore represents a moderate enforcement measure that establishes criminal accountability in statute but falls short of structural labor-market reform.

Impact Rating = 3 Moderate (e.g., partial restrictions, metrics with weak follow-through).). Tier = 3 (1.5x multiplier).

Want the full breakdown? Scroll down for the category table (every sub-question, score, average), impact notes, and tier rationale.