Bill > H0011

This bill establishes new state-level criminal offenses and legal procedures related to immigration, specifically targeting individuals who enter Idaho without authorization. The legislation creates three primary criminal offenses: illegal entry from a foreign nation (a misdemeanor for first-time offenders and a felony for repeat offenders), illegal reentry by certain aliens who have previously been deported or excluded, and refusal to comply with a court order to return to one's home country. The bill provides limited affirmative defenses, such as having federal asylum or DACA status, and prohibits courts from delaying prosecution based on pending federal immigration status determinations. Additionally, the bill establishes a legal mechanism for magistrates and judges to issue orders requiring individuals to return to their home countries, with specific conditions like collecting identifying information and cross-referencing criminal databases. The legislation also provides civil immunity and indemnification for local and state government officials, employees, and contractors who enforce these new immigration-related laws, protecting them from potential legal liability unless they act in bad faith or with reckless disregard. The bill includes a severability clause and takes effect immediately upon passage.

Government Affairs

State Affairs Committee (H)

https://legislature.idaho.gov/sessioninfo/2025/legislation/H0011/