The proposed bill amends several sections of the Idaho Code related to immigration enforcement, specifically addressing illegal entry and reentry by aliens. It introduces new definitions, including "dangerous illegal alien" and clarifies the term "violation of 8 U.S.C. 1324(a)(1) or 8 U.S.C. 1324(a)(2)." The bill revises the provisions regarding illegal entry, stating that an alien aged eighteen or older commits an offense if they knowingly enter or are present in the state after violating federal immigration laws. It establishes that a first conviction is a misdemeanor, while subsequent convictions are felonies. Additionally, it outlines specific affirmative defenses for individuals charged under this section, including federal permission to remain in the U.S.

Furthermore, the bill amends the section on illegal reentry, making it an offense for an alien who has been denied admission or removed from the U.S. to enter or be found in the state. Similar to the illegal entry provisions, it categorizes violations as misdemeanors or felonies based on prior convictions and circumstances of removal. The bill also stipulates that law enforcement can only enforce these provisions when investigating other independent crimes. It includes affirmative defenses for defendants, such as lack of investigation for an independent crime and federal consent for their presence in the U.S. The bill declares an emergency, making it effective on July 1, 2026.

Statutes affected:
Bill Text: 18-9002, 18-9003, 18-9004