This bill introduces new provisions in Idaho law regarding immigration offenses by adding Chapter 90 to Title 18 and Chapter 63 to Title 19 of the Idaho Code. It defines terms related to immigration, establishes the crimes of illegal entry and illegal reentry for aliens, and outlines penalties for these offenses, which can range from misdemeanors to felonies depending on the circumstances. The bill also includes provisions for law enforcement to enforce these laws only when individuals are already being investigated for other crimes, and it prohibits the abatement of prosecution based on immigration status determinations. Additionally, it specifies that certain federal programs do not provide affirmative defenses for individuals charged under these new laws.
Furthermore, the bill allows magistrates and judges to issue orders requiring aliens to return to their country of origin under specific conditions, including the collection of identifying information and cross-referencing with criminal databases. It mandates that such orders be filed with the appropriate county or court clerks and reported to the Idaho state police. The bill includes a severability clause to ensure that if any part is found invalid, the remaining provisions will still be enforceable. An emergency clause is also included, allowing the act to take effect immediately upon passage and approval.