Bill > S1039

This bill establishes the "Immigration Cooperation and Enforcement Act" in Idaho, creating a comprehensive legal framework for addressing illegal immigration, particularly focusing on "dangerous illegal aliens". The bill defines a "dangerous illegal alien" as an undocumented immigrant over 18 who has been previously convicted of specific serious crimes, and introduces new state-level criminal offenses including "unlawful presence" and "smuggling" of such individuals. Law enforcement officials are authorized and encouraged to cooperate with federal immigration authorities, including maintaining immigration status information, entering agreements with federal agencies, and honoring immigration detainers. The legislation mandates that custodial authorities determine the immigration status of confined individuals and notify the Department of Homeland Security (DHS) about illegal aliens, with specific conditions for their potential release. The bill also includes enhanced sentencing provisions, imposing additional imprisonment for illegal aliens convicted of dangerous crimes, and provides immunity for law enforcement officials acting in good faith. Notably, the law includes exceptions for individuals who are necessary witnesses or victims of specific serious crimes. Penalties range from misdemeanor charges with up to six months imprisonment for first-time unlawful presence to felony charges with one to two years imprisonment for subsequent offenses, along with potential fines up to $10,000.

Government Affairs, Justice

State Affairs Committee (S)

https://legislature.idaho.gov/sessioninfo/2025/legislation/S1039/