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H 473

MEMORANDUM OF AGREEMENT WITH IMMIGRATION AND CUSTOMS ENFORCEMENT – Adds to existing law to establish provisions regarding law enforcement entering into a memorandum of agreement with Immigration and Customs Enforcement.

68th Legislature, 1st Regular Session (2025) Introduced by Dale Hawkins

Idaho requires all law enforcement to pursue or participate in 287(g) MOAs with ICE, or publish why not and efforts for alternatives, effective July 1, 2025.

Reported Printed; Filed in the Office of the Chief Clerk
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Bill Summary · H 473

Summary of Idaho House Bill 473 (H 473)

What the bill does (purpose and intent)

  • Establishes a mandatory requirement for Idaho law enforcement agencies to seek a memorandum of agreement (MOA) with U.S. Immigration and Customs Enforcement (ICE) under the 287(g) framework.
  • Aims to authorize or participate in federal immigration enforcement activities through state or local officers, either as jail enforcement officers, warrant service officers, or both.
  • Requires agencies that cannot enter into an MOA to publicly explain why and describe efforts to pursue alternative cooperation with ICE’s Enforcement and Removal Operations (ERO).

Key provisions

  • Section 19-626 adds new provisions to Chapter 6, Title 19, Idaho Code:

    • Definitions:
    • Enforcement and removal operations: ICE division handling identification, arrest, detention, and removal of aliens subject to removal or unlawfully present.
    • Immigration and customs enforcement: the federal agency responsible for border control, customs, trade, and immigration enforcement.
    • Law enforcement agency: any Idaho state, county, or local police entity (including state police, municipal police, and county sheriff’s departments).
    • Section 287(g) memorandum of agreement: the federal mechanism allowing delegation of certain immigration enforcement functions to state/local officers under federal oversight.
    • Agency obligations (subsection 2):
    • Each Idaho law enforcement agency must apply for a 287(g) MOA with ICE.
    • Applications should be coordinated through the nearest ERO filed office if necessary.
    • Agencies may participate as a jail enforcement officer, a warrant service officer, or both, and must participate in any future program or successor to an existing program.
    • Disclosure if MOA is not possible (subsection 3):
    • Agencies that cannot enter into an MOA must publish a statement detailing the reasons and any efforts to establish alternative cooperation with ICE ERO.

  • Section 2 creates an emergency clause and declares the act to be in full force and effect on July 1, 2025.

Who is affected

  • All Idaho law enforcement agencies, including:
    • Idaho State Police
    • Municipal police departments
    • County sheriff’s offices
  • These agencies would be required to pursue and/or participate in 287(g) MOAs with ICE (or provide a public justification if not able to enter into an agreement).

Timeline and procedural aspects

  • Introduction date: April 1, 2025.
  • Administrative action: Referred to Joint Rules, Administrative Oversight, and Printing (JRA) for printing; subsequently reported printed and filed.
  • Effective date: July 1, 2025 (emergency clause).

Fiscal impact

  • Fiscal note states: No net change in revenue or expenditures at the state or local level; no fiscal impact anticipated.

Practical considerations

  • The bill formalizes a pathway for local law enforcement to engage in certain ICE immigration enforcement activities under 287(g) with federal oversight.
  • Requires public transparency from agencies unable to participate by sharing reasons and alternative cooperation efforts.
  • Establishes an urgent effective date, signaling immediate implementation considerations for Idaho agencies upon passage.

Sponsorship

  • Primary sponsor: Representative Hawkins.

This summary provides the substantive provisions and potential effects of H 473, focusing on what the bill would require, who it affects, and the timeline for implementation.

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

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