The proposed bill introduces a new chapter, Chapter 90, to Title 18 of the Idaho Code, titled the "Immigration Cooperation and Enforcement Act." This chapter establishes various definitions related to immigration, including terms such as "alien," "illegal alien," and "dangerous crime." It outlines offenses related to illegal entry and reentry into the state, specifying that such violations can be classified as misdemeanors or felonies depending on the circumstances. The bill also details the responsibilities of law enforcement officials in relation to federal immigration laws, including the authority to maintain information about the immigration status of individuals and to cooperate with federal agencies.
Additionally, the bill includes provisions for the treatment of illegal aliens within the criminal justice system, such as conditions for their release from confinement and the process for determining their immigration status upon arrest. It mandates that illegal aliens cannot participate in alternative sentencing programs and establishes penalties for trafficking dangerous illegal aliens. The bill asserts that law enforcement officials acting in good faith under this chapter will have immunity from liability and prohibits courts from abating prosecutions based on pending immigration status determinations. The act is declared to be severable, ensuring that if any part is found invalid, the remaining provisions will still be enforceable. An emergency clause is included, allowing the act to take effect immediately upon passage and approval.