Bill > S1260

This bill amends existing Idaho law to revise and remove provisions related to illegal entry by aliens, which refers to individuals eighteen years or older present in the United States in violation of federal immigration laws. Specifically, it modifies the definition of illegal entry to include being present in the state after entering the U.S. in violation of certain federal statutes, and it removes language that previously defined illegal entry as entering the state at a location other than a lawful port of entry. The bill also expands the affirmative defenses available to individuals charged with illegal entry, allowing them to argue that the federal government has granted them permission to remain in the U.S. or that they were not investigated for the independent crime that led to their detention. Furthermore, it revises provisions concerning illegal reentry by certain aliens, adding new affirmative defenses such as express consent from federal immigration authorities for the alien's presence in the U.S. or affirmative federal permission to remain. The bill also clarifies that deferred adjudication or withheld judgments are not available for offenses under these sections, and it declares an emergency, setting an effective date of July 1, 2026.