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H 335

CONCEALING, HARBORING, AND SHIELDING ALIENS – Adds to existing law to establish provisions regarding the concealing, harboring, and shielding of aliens.

68th Legislature, 1st Regular Session (2025)

Idaho bill prohibits organizations from concealing, harboring, or aiding unlawfully present aliens and imposes license suspensions or revocation for violations.

Reported Printed and Referred to Judiciary, Rules & Administration
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Bill Summary · H 335

Summary of Idaho House Bill H 335 (2025)

Overview

  • Bill: H 335
  • Title: CONCEALING, HARBORING, AND SHIELDING ALIENS
  • Purpose: Adds a new Chapter 90 to Title 18 to prohibit organizations from concealing, harboring, shielding, encouraging, transporting, or providing support to individuals who are present in the United States unlawfully. Establishes penalties, license/permit consequences, and enforcement mechanisms.
  • Status: Reported Printed and Referred to Judiciary, Rules & Administration
  • Introduced: February 26, 2025
  • Effective date: July 1, 2025 (emergency clause included)
  • Fiscal note: No net state revenue or expenditure impact

Core Definitions

  • Alien: Any person not a citizen or national of the United States.
  • Organization: As defined in 8 U.S.C. 1101(a)(28); broad scope includes corporations, partnerships, associations, foundations, trusts, or even a sole proprietorship, and groups acting together for joint action.

Key Provisions

Prohibitions (new Chapter 90, 18-9002)

An organization may not:
1. Conceal, harbor, or shield an illegal alien in Idaho or conspire to do so, knowing or recklessly disregarding that the alien is in the U.S. unlawfully (consistent with 8 U.S.C. 1324(a)(1)(A)).
2. Encourage or induce an alien to come to or reside in Idaho if the organization knows or recklessly disregards that doing so would violate federal law.
3. Transport, attempt to transport, or conspire to transport an alien in furtherance of unlawful presence (consistent with 8 U.S.C. 1324(a)(1)(A)).
4. Provide shelter, financial support, or legal assistance to an alien in Idaho if the organization knows or recklessly disregards that the alien’s presence is unlawful.

Penalties (18-9003)

  • First violation: A misdemeanor for each unlawfully present alien aided.
  • Five or more aliens: The organization commits a felony for each violation involving five or more aliens.
  • Prior conviction: A subsequent violation by a previously convicted organization also constitutes a felony.
  • Licenses/Permits: On finding a first violation, a court must direct removal or suspension of all business licenses and permits statewide for one year; for a subsequent violation, licenses and permits must be permanently revoked.
  • Civil forfeiture: Conveyances (vessel, vehicle, aircraft) used to commit violations and gross proceeds derived from such violations are subject to civil forfeiture under state procedures.

Exceptions (18-9004)

  • Law enforcement and their personnel or contractors may securely transport an unlawfully present alien to detention facilities or as required to detain or transfer to federal custody.
  • First responders acting in official capacity may shelter/move/transport an unlawfully present alien as needed to provide emergency services.

Enforcement & Verification (18-9005)

  • Immigration status determinations must rely on verification with the federal government per 8 U.S.C. 1373(c).
  • Records relating to immigration status obtained from federal sources may be admitted in court without additional foundation.
  • A federal verification of status (per 8 U.S.C. 1373(c)) constitutes proof of an alien’s status for purposes of enforcing this chapter.

Who is Affected

  • Organizations operating in Idaho (businesses, landlords, nonprofits, associations, etc.) that may come into contact with undocumented individuals.
  • Landlords and property managers (through prohibitions on harboring or providing housing to unauthorized aliens).
  • Law enforcement and first responders (exemptions preserve official duties).
  • Civilly and criminally liable entities, with potential license suspensions, permanent license revocation, and potential forfeiture of property and proceeds.

Procedural & Timeline Aspects

  • Introduction/First Reading: February 26, 2025.
  • Referred to: Judiciary, Rules & Administration (JRA) for printing (and later reference as reported).
  • Emergency/Effective Date: July 1, 2025, due to an emergency clause.
  • Fiscal Note: Indicates no net revenue or expenditure impact at the state level.

Potential Impacts and Considerations

  • Strong preventive measures against aiding illegal presence, with significant penalties and license consequences for organizations.
  • Potential chilling effect on private sector involvement with undocumented individuals (housing, employment-related services, or support).
  • Alignment with federal immigration enforcement through reliance on federal status verification.
  • Substantial enforcement mechanism via automatic license/permit revocation and possible civil forfeiture for related conveyances and proceeds.

Notes: The bill emphasizes compliance with federal law and invokes 8 U.S.C. 1324(a)(1)(A) for consistency, while requiring federal verification of immigration status for enforcement.

Compiled from official sources — confirm details with the bill’s official record.

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