PRIA Logo™
IdahoS 12602026 regular legislative sessionSenate

IMMIGRATION COOPERATION AND ENFORCEMENT ACT – Amends existing law to revise provisions regarding illegal entry, to remove provisions regarding illegal entry, and to provide for certain affirmative defenses.

Sponsored By: JUDICIARY AND RULES COMMITTEE

Signed by Governor

IMMIGRATION COOPERATION AND ENFORCEMENT ACT

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Free to download

Bill Overview

Analyzed Economic Effects

4 provisions identified: 0 benefits, 0 costs, 4 mixed.

Adult noncitizens face entry charges

The law makes it a crime for an alien age 18 or older to knowingly enter or try to enter Idaho, or to be in Idaho after entering the United States in violation of 8 U.S.C. 1324(a)(1) or (a)(2). A first conviction is a misdemeanor. A later conviction is a felony. Police can enforce this only when the person is detained or investigated for a separate crime under title 18 (not this chapter) or chapter 27, title 37. You can defend the case by showing the federal government gave you permission to stay, or that you were not investigated, charged, or convicted for the separate crime. Courts cannot give deferred adjudication or a withheld judgment in these cases. These rules apply beginning July 1, 2026.

All changes start July 1, 2026

The act takes effect on and after July 1, 2026. That is when the new definitions, charges, limits, and defenses apply.

Immigrant reentry cases: limits and defenses

Police can use the illegal reentry law only when the person is detained or investigated for a separate crime under title 18 (not this chapter) or chapter 27, title 37. You can defend the case if you were not investigated, charged, or convicted for that separate crime. You can also defend it if the U.S. Attorney General or the Homeland Security Secretary expressly agreed to your entry, reentry, or presence, or if the federal government gave you permission to stay. Courts cannot give deferred adjudication or a withheld judgment in these cases. These rules apply beginning July 1, 2026.

Who Idaho can charge under this law

The law defines an “illegal alien” as a person age 18 or older whom the federal government verifies is in the U.S. in violation of the Immigration and Nationality Act. It also says a “violation” of 8 U.S.C. 1324(a)(1) or (a)(2) means either a federal conviction or doing acts that would break those federal laws, even without a federal charge. These definitions apply beginning July 1, 2026.

Sponsors & Cosponsors

Sponsor

  • JUDICIARY AND RULES COMMITTEE

    Affiliation unavailable

Cosponsors

  • Todd M. Lakey

    Republican • Senate

  • Bruce D. Skaug

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 88 • No: 15

House vote • 3/23/2026

House Floor Vote

Yes: 59 • No: 9

Senate vote • 3/9/2026

Senate Floor Vote

Yes: 29 • No: 6

Actions Timeline

  1. Signed by Governor on 03/26/26 Session Law Chapter 165 Effective: 07/01/2026

    3/30/2026

  2. Reported delivered to Governor at 4:33 p.m. on 03/25/26

    3/26/2026

  3. Reported signed by the Speaker & ordered delivered to Governor

    3/25/2026

  4. Received from Senate; Signed by Speaker; Returned to Senate

    3/25/2026House

  5. Reported enrolled; signed by President; to House for signature of Speaker

    3/24/2026Senate

  6. Returned From House Passed; referred to enrolling

    3/24/2026Senate

  7. Read Third Time in Full – PASSED - 59-9-2

    3/23/2026House

  8. Read second time; Filed for Third Reading

    3/20/2026House

  9. Reported out of Committee with Do Pass Recommendation, Filed for Second Reading

    3/19/2026House

  10. Read First Time, Referred to Judiciary, Rules & Administration

    3/9/2026House

  11. Received from the Senate, Filed for First Reading

    3/9/2026House

  12. Read third time in full – PASSED - 29-6-0

    3/9/2026Senate

  13. Read second time; filed for Third Reading

    3/5/2026Senate

  14. Reported out of Committee with Do Pass Recommendation; Filed for second reading

    3/4/2026Senate

  15. Reported Printed; referred to Judiciary & Rules

    2/6/2026Senate

  16. Introduced; read first time; referred to JR for Printing

    2/5/2026Senate

Bill Text

Related Bills

Back to State Legislation