Idaho ICE Act Expands Immigration Enforcement: 2025 Idaho House Bill 83
The Idaho House Bill 83, also known as the "Idaho ICE Act," represents legislation aimed at addressing illegal immigration within the state.
The Bill's Purpose
House Bill 83 seeks to fulfill Idaho's commitment to support federal immigration enforcement by creating state-level mechanisms for identifying, detaining, and deporting dangerous illegal aliens found within Idaho.
The bill responds to federal priorities of removing individuals who "threaten the safety or security of the American people," particularly those connected to criminal cartels, foreign gangs, and human trafficking operations.
At its core, this legislation recognizes the principle that governments are established to maintain order and protect citizens from harm, which speaks to government's role in punishing wrongdoing and promoting the common good.
The Core Provisions
The bill creates several new provisions in Idaho law that work together to address illegal immigration:
New Criminal Offenses
Makes it a crime for non-citizens to enter Idaho outside official ports of entry (misdemeanor first offense, felony for repeat offenses). Law enforcement can only enforce this when someone is already being investigated for another crime.
Penalties for Illegal Re-entry
Creates separate penalties for immigrants who return to Idaho after being deported, with harsher penalties for those previously convicted of serious crimes.
Mandatory Cooperation
Requires Idaho law enforcement to share information with federal immigration authorities, honor detention requests (known as "detainers"), and utilize federal resources to enforce immigration laws.
Trafficking Prohibition
Makes it a felony (punishable by 1-2 years imprisonment and up to $10,000 fine) to knowingly transport dangerous illegal aliens into Idaho.
Sentencing Enhancement
Adds a mandatory minimum 5-year sentence for dangerous crimes committed by previously deported individuals.
Detention Procedures
Requires checking immigration status during jail booking, notifying federal authorities within 48 hours, and prohibits releasing illegal immigrants from confinement except into federal custody for deportation.
No Alternative Sentencing
Prevents illegal immigrants from participating in work release, inmate labor details, or other alternative sentencing programs.
Transport Authority
Allows law enforcement to transport illegal immigrants to federal facilities when complying with immigration detainers or federal warrants.
Legal Protection
Provides immunity from lawsuits for law enforcement officials acting in good faith to carry out these provisions.
Current Status and Sponsors
Sponsors: Senator Kelly Arthur Anthon, Representative Jaron Crane, Senator Todd M. Lakey, and Representative Bruce Skaug.
Committee: Introduced by the State Affairs Committee.
Current Status: Signed by the Governor on March 27, 2025 and is now law.
