A North Idaho lawmaker wants Idaho to join together with other states to combat a rise in migrants crossing the U.S.-Mexico border — a proposition that raises constitutional questions about its legality.

Rep. Tony Wisniewski, R-Post Falls, introduced a bill Thursday to create a formal compact with any other states that are interested in sharing intelligence from law enforcement agencies, state resources “to build a physical barrier” and a surveillance system on state land, as well as any other actions necessary to secure the southern border. Sen. Phil Hart, R-Kellogg, also sponsored the bill with Wisniewski.

“Texas has defined this as an invasion, which it truly is,” Wisniewski told a legislative committee Thursday. “It’s affecting cities throughout the country that are overwhelmed by this influx.”

The U.S. border with Mexico has seen a surge in migrant crossings in recent months, raising registered encounters between migrants and agents to higher levels than have been seen in 20 years. The situation has prompted a shift from Democratic President Joe Biden, who promised this month to “shut down the border” if a deadlocked immigration deal passes Congress.

Conservative states have objected to federal management of the border since Biden took office and challenged the U.S. Supreme Court in January. After the high court ruled that federal agents could remove razor wire erected by Texas officials, Gov. Brad Little joined other Republican governors and released a statement that he is in “solidarity” with Texas Gov. Greg Abbott, as the border state has moved to block federal officials from reaching the border.

Federal officials have argued that Texas’s wire barricades have prevented border agents from patrolling the border, and from providing medical care to migrants at risk of drowning, hypothermia or heat exposure.

Little promised to send Idaho State Police officers to the Texas border as part of his pledge. The governor has previously sent police to the border, like a 2021 trip, which cost more than $53,000. A spokesperson for Little did not respond to a question from a reporter about whether states should follow Supreme Court orders.

“The governor is already doing some of these activities, and this will just allow him to have a formal authorization from the Legislature,” Wisniewski said at the Thursday committee meeting.

Constitutional question

A clause of the U.S. Constitution forbids states from entering into “any agreement or compact” with another state “unless actually invaded, or in such imminent danger as will not admit of delay.”

“Texas might have an argument (for that), but where would that argument come from in Idaho?” asked Rep. John Gannon, D-Boise, at the meeting.

Wisniewski said Idaho is being “severely impacted” by drugs like fentanyl moving across the southern border and said migrants are using social services that are meant for American citizens.

“This is the closest thing you can get to a physical invasion of an army,” he said.