Members of the Idaho House of Representatives hold a floor session on March 10, 2025, at the Idaho Capitol Building in Boise. (Pat Sutphin for the Idaho Capital Sun)
In a 61-9 vote along party lines, the Idaho House of Representatives on Wednesday passed a revised bill to allow local law enforcement to work with federal authorities to regulate the presence of unauthorized immigrants in the Gem State.
The House previously passed House Bill 83 by the same vote count, but it has since undergone multiple revisions to incorporate provisions from Senate Bill 1039, sponsored by Senate Pro Tem Kelly Anthon, R-Burley.
The bill would allow law enforcement to record a person’s documentation status only if they are already detained or under investigation for a crime. If an individual involved in a crime is found to be living in Idaho without legal authorization, they would face a misdemeanor charge for “illegal entry.” A second offense would result in a felony charge, and a conviction would lead to deportation.
Updates to the bill include provisions that Idaho law enforcement cannot be prohibited from working with federal immigration authorities. Another updated provision explains how law enforcement can determine whether someone is in Idaho with proper authorization. Law enforcement may suspect a person arrested for a criminal offense is an unauthorized immigrant if they cannot provide valid identification, according to the bill.
Idaho bill to let police assist in immigration enforcement sent for amendments
Another update to the bill is a section that creates a crime of “trafficking a dangerous illegal alien,” or knowingly transporting an unauthorized immigrant who has previously been convicted of a crime in the U.S. or another country. Whoever commits this offense would be guilty of a felony, imprisoned for one to two years and fined at least $10,000.
The bill also includes an immunity provision, meaning law enforcement officials are protected against lawsuits related to damages or liability stemming from enforcing this bill.
ACLU of Idaho says it will sue the state if enacted into law
Shortly after the bill passed the House, the ACLU of Idaho sent out a media statement saying the bill would amplify racial profiling against Idahoans of color, and the organization would sue the state if it becomes law.
“We are disappointed that the Idaho Legislature decided to pass this extremely harmful and unconstitutional piece of anti-immigrant legislation,” the organization said in a statement. “The ACLU has sued to prevent bills similar to this one from going into effect in other states and successfully stopped them from being enforced in every instance.”
The bill is headed to the Senate side where it may receive a committee hearing and would need to pass the Senate floor before reaching the Idaho Gov. Brad Little’s desk. The governor may sign it into law, let it become law without his signature or veto it.
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