All Roll Calls
Yes: 88 • No: 15
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
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Bill Overview
Analyzed Economic Effects
3 provisions identified: 0 benefits, 1 costs, 2 mixed.
Crime for illegal reentry after removal
Beginning July 1, 2026, Idaho makes illegal reentry a state crime for noncitizens who return or are found in Idaho after being denied admission, excluded, deported, or removed from the U.S., or after leaving with a removal order still in effect. It is usually a misdemeanor. It becomes a felony if the prior removal followed two or more drug or person‑crime misdemeanors, or if certain federal exclusion or removal rules applied. Police can enforce this only when the person is detained or investigated for another Idaho crime under title 18 or certain drug laws. Defenses include that no independent crime was actually pursued, express consent to enter or stay from the U.S. Attorney General or Homeland Security Secretary, or other federal permission to remain. Courts cannot use deferred adjudication or withhold judgment. Agreeing to removal in a criminal case counts as a prior removal.
New Idaho crime for illegal entry
Beginning July 1, 2026, Idaho makes illegal entry a state crime for noncitizens age 18 or older. It applies if someone knowingly enters Idaho outside a lawful U.S. port of entry, or is in Idaho after entering the U.S. in violation of federal smuggling laws. A first conviction is a misdemeanor; later convictions are felonies. Police can enforce this only when the person is detained or investigated for another Idaho crime under title 18 or certain drug laws. Defenses include federal permission to stay (including asylum), that the conduct is not the federal illegal‑entry offense, that no independent crime was actually pursued, or DACA approval from June 15, 2012 to July 16, 2021. DAPA and similar programs not passed by Congress are not defenses. Courts cannot use deferred adjudication or withhold judgment in these cases.
Who counts and who enforces immigration rules
Beginning July 1, 2026, the law sets who counts and who acts under these rules. “Alien” uses the federal definition as of January 1, 2023. An “illegal alien” is someone 18 or older whose unlawful presence is verified by the federal government. “Custodial authority” includes the state prison director, county sheriffs, city police chiefs, and their staff. “Law enforcement official” includes police and prosecutors. The law defines “dangerous crime” and labels an illegal alien with such a conviction as a “dangerous illegal alien.” An “immigration detainer” is a federal request, like DHS Form I‑247, asking local authorities to hold someone. The act takes effect on and after 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
Senate vote • 3/23/2026
Senate Floor Vote
Yes: 59 • No: 9
Senate vote • 3/9/2026
Senate Floor Vote
Yes: 29 • No: 6
Actions Timeline
Signed by Governor on 03/26/26 Session Law Chapter 165 Effective: 07/01/2026
3/30/2026Reported delivered to Governor at 4:33 p.m. on 03/25/26
3/26/2026Received from Senate; Signed by Speaker; Returned to Senate
3/25/2026HouseReturned From House Passed; referred to enrolling
3/24/2026SenateRead Third Time in Full – PASSED - 59-9-2
3/23/2026SenateRead second time; Filed for Third Reading
3/20/2026SenateReported out of Committee with Do Pass Recommendation, Filed for Second Reading
3/19/2026SenateRead third time in full – PASSED - 29-6-0
3/9/2026SenateRead second time; filed for Third Reading
3/5/2026SenateReported out of Committee with Do Pass Recommendation; Filed for second reading
3/4/2026SenateReported Printed; referred to Judiciary & Rules
2/6/2026SenateIntroduced; read first time; referred to JR for Printing
2/5/2026Senate
Bill Text
Bill Text
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