IdahoH 00832025 regular legislative sessionHouse

IMMIGRATION – Adds to existing law to provide for the Immigration Cooperation and Enforcement Act.

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 1 benefits, 6 costs, 0 mixed.

More immigration enforcement tools and officer protections

Idaho law enforcement can share and keep immigration-status information for official public-safety work, as federal law allows. Officials can make federal enforcement agreements, including through the 287(g) program, and use available federal databases, grants, and training. These powers remain subject to federal law, and the chapter must be read consistently with federal civil-rights protections. Law enforcement officials and custodial authorities are protected from damages or liability for good-faith actions allowed by this chapter.

Felony penalties for transporting dangerous noncitizens

Knowingly and willfully transporting a person classified as a dangerous illegal alien into Idaho is a felony. The transporter must know, or reasonably should know, that status. The classification covers adults federally verified as unlawfully present who have a prior dangerous-crime conviction. Dangerous crimes include any Idaho felony, crimes eligible for extended sentences, and crimes requiring sex-offender registration. Each person transported is a separate offense, punishable by one to two years in prison, up to $10,000, or both. An exception covers transporters who are necessary witnesses or victims of listed crimes committed during the transport.

Fewer release options for undocumented prisoners

Convicted adults known to be unlawfully present cannot leave Idaho custody before completing their fixed-term sentence. Before an indeterminate sentence ends, release is allowed only for transfer to another state or federal custody for criminal proceedings, or deportation. Release for deportation requires written confirmation that the Department of Homeland Security will take custody and deport the person. Covered prisoners cannot use work release, inmate labor details, scheduled-sentence programs, or similar alternatives.

Five-year prison minimum after prior deportation

Adults found guilty of, or pleading guilty to, a dangerous crime must serve at least five years in Idaho correctional custody. This applies when they were deported or under a federal removal or deportation order before committing the crime. The judge or jury deciding the facts must find that the prior deportation or order existed. Dangerous crimes include any Idaho felony, crimes eligible for extended sentences, and crimes requiring sex-offender registration.

Immigration checks and federal custody transfers

During booking after a criminal arrest, Idaho custodial authorities must check whether the person may be a foreign national. Missing qualifying identification or other reliable proof of identity and lawful presence triggers suspicion. Authorities must notify the Department of Homeland Security within 48 hours of confinement when they identify a possible foreign national. After state confinement ends, authorities must follow reasonable immigration-detainer or federal-warrant requests and tell the person why they are held. Compliance is required only when it creates no undue burden, risk, or expense. Officers can transport covered people to federal facilities in Idaho or temporary detention points under valid detainers, federal arrest warrants, or federally arranged releases.

New criminal penalties for unlawful Idaho entry

Entering or attempting to enter Idaho outside a lawful route is now a crime. A first conviction is a misdemeanor; later convictions are felonies. Enforcement requires detention or investigation for a separate offense under Idaho's criminal code or controlled-substance law. Defenses include lawful presence, pending asylum, conduct that does not violate the federal illegal-entry ban, and lack of investigation or charges for the separate crime. Prior DACA approval between June 15, 2012, and July 16, 2021, also provides a defense. Deferred action for parents of Americans and lawful permanent residents, and similar programs not enacted by Congress, do not qualify. People charged or convicted cannot receive deferred adjudication or a withheld judgment.

New Idaho penalties after federal removal

Entering, attempting to enter, or being found in Idaho after specified federal exclusion, deportation, or removal is a misdemeanor. This includes departure while an order was outstanding and agreements to removal in criminal proceedings. Felony penalties apply after removal following two or more drug-related or person-crime misdemeanors, or under listed federal exclusion or removal grounds. Enforcement requires detention or investigation for a separate Idaho criminal-code or controlled-substance offense. A defense applies when the person was not investigated, charged, or convicted for that separate offense. People charged or convicted cannot receive deferred adjudication or a withheld judgment. Courts cannot pause prosecutions under this chapter because a federal immigration-status decision is pending or will be requested.

Sponsors & Cosponsors

Sponsor

STATE AFFAIRS COMMITTEE
Affiliation unavailable

Cosponsors

Jaron Crane
Republican • House
Crane(12) & Skaug
Affiliation unavailable
Todd M. Lakey
Republican • Senate

Roll Call Votes

All Roll Calls

Yes: 151 • No: 24

House vote • 3/19/2025

House Floor Vote

Yes: 61 • No: 9

Senate vote • 3/11/2025

Senate Floor Vote

Yes: 29 • No: 6

House vote • 2/10/2025