Bill > H0700

This bill establishes new provisions in Idaho law to prohibit the unlawful employment of unauthorized aliens, meaning individuals who are not legally present in the United States or whose immigration status does not permit them to work. It makes it illegal for employers, their agents, or those who refer individuals for employment for a fee, to knowingly hire, continue to employ, rehire, recruit, or refer for work in Idaho any alien who lacks the proper authorization. Violating these rules would be considered a misdemeanor, a less serious criminal offense. The bill clarifies that an alien is considered unauthorized for employment if they are not lawfully present, lack a valid federal immigration status that allows them to work, or if their previous work authorization has expired or been revoked. Employers are also prohibited from continuing to employ someone if they learn that the employee's lawful immigration status or work authorization has ended. However, employers can avoid criminal liability if they verify an employee's identity and work eligibility using the federal E-Verify program (or a successor program) before hiring them, and this verification confirms their authorization to work; good-faith compliance with E-Verify serves as a defense against prosecution. The bill also states that key terms like "employer," "employment," "knowingly," and "unauthorized alien" will be interpreted according to federal law, specifically 8 U.S.C. 1324a, which deals with unlawful employment of aliens. This legislation is declared an emergency and will take effect on July 1, 2026.

Business and Industry, Government Affairs

Business Committee (House)

https://legislature.idaho.gov/sessioninfo/2026/legislation/H0700/