Bill
H 83
Criminalizes illegal entry/reentry by noncitizens into Idaho and expands state-federal cooperation to remove unlawfully present immigrants.
Status and effective date
- Enacted as Session Law Chapter 183. Reported signed by the Governor on March 27, 2025; effective March 27, 2025. Introduced January 30, 2025; passed both houses in March 2025.
Purpose
- The act (titled the "Immigration Cooperation and Enforcement Act") creates a state statutory framework to (1) criminalize certain entries and re-entries into Idaho by noncitizens found to be in violation of federal immigration law, (2) strengthen cooperation between Idaho law enforcement and federal immigration authorities, and (3) increase penalties and procedural tools intended to facilitate return or removal of noncitizens judged to be unlawfully present.
Key definitions (selected)
- "Alien" uses the federal definition in 8 U.S.C. 1101 (as of Jan 1, 2023).
- "Illegal alien" — person 18+ verified by federal government as present in the U.S. in violation of federal immigration law.
- "Dangerous crime" and "dangerous illegal alien" are defined to cover specified felonies and offenses requiring sex-offender registration.
Major substantive provisions
- Illegal entry (18-9003/18-9002 as amended): Makes entry into Idaho from a foreign nation outside a lawful port of entry an offense. First conviction is a misdemeanor; repeat convictions are felonies. Law enforcement may enforce only when the person is detained/investigated for an independent crime (other specified statutes apply).
- Illegal reentry (18-9004/18-9003 as amended): Criminalizes being found in Idaho after exclusion, deportation, or removal; generally a misdemeanor but becomes a felony under specified circumstances (e.g., prior removals following certain criminal convictions or specific federal removal categories).
- Refusal to comply with an order to return (18-9004 as amended): Felony offense where a court has issued an order to return to the foreign nation and the person refuses to comply.
- Sentencing enhancement (18-9007): Mandatory minimum 5-year confinement for anyone 18+ convicted of a "dangerous crime" if they previously were deported or are under a federal removal order.
- Trafficking a dangerous illegal alien (18-9006): Felony carrying imprisonment of 1–2 years, fine up to $10,000; exceptions for defendants who are victims or necessary witnesses in listed serious crimes.
- Cooperation with federal authorities (18-9005): Authorizes exchange and retention of immigration-status information, entry into MOUs (including 287(g)), use of federal resources, and generally encourages coordination with DHS/DOJ to the extent permitted by federal law.
- Booking and notification (18-9008): Custodial authorities must check for foreign-national status during booking and notify DHS within 48 hours if a foreign national is confined; sets standards for what will make status "suspect" (lack of certain IDs).
- Order to Return (new Chapter 63, Title 19): Provides magistrates and judges authority to issue “order to return to foreign nation” in lieu of prosecution or continuing prosecution under certain conditions (requires agreement, biometric collection, cross-checks). Sets criteria for issuance and bars abatement of prosecution while federal immigration status is pending.
Procedural/timing items
- The act declares an emergency (accelerating effective date to enactment day).
- Fiscal note (proponent-prepared): requests a FY25 supplemental appropriation of $250,000 and seeks $1 million from the General Fund for FY26; counties may seek reimbursements from the State Controller for relocations or housing costs.
Who is affected
- Noncitizens in Idaho (particularly those without lawful status), and persons convicted of illegal entry/reentry.
- State, county, and local law enforcement (custodial authorities, prosecutors) — new duties on identification, notification to DHS, cooperation, and enforcement limitations tied to independent crimes.
- Counties and the state budget (potential relocation/housing reimbursements and appropriations referenced in the fiscal note).
- Courts and defendants — new limits on deferred adjudication/withheld judgments for these offenses and prohibition on abating prosecution due to pending federal immigration determinations.
Potential implications and considerations
- The act expands state criminal penalties tied to federal immigration status and expressly facilitates cooperation with federal immigration authorities (including MOUs and information sharing). Because the law interacts with federal immigration authority, it may raise constitutional and federal-preemption questions and could prompt litigation; the summary does not assess legality, only statutory effect. Fiscal impacts noted by proponents include immediate and ongoing appropriation requests and county reimbursement mechanisms.
Compiled from official sources — confirm details with the bill’s official record.
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