Passed: Idaho Enacts Controversial H0083, The Immigration Cooperation and Enforcement Act

Idaho Takes Immigration Enforcement into State Hands with H0083

Idaho has officially passed H0083, establishing the "Immigration Cooperation and Enforcement Act." Signed into law on March 27, 2025, this legislation marks a significant shift, creating new state-level crimes related to immigration status and mandating cooperation between state/local law enforcement and federal immigration authorities. The bill aims to empower Idaho officials to address illegal immigration within the state's borders, but its journey and content raise significant questions about its real-world impact.

The Legislative Gauntlet: A Swift Journey with Key Changes

H0083, sponsored by the influential House State Affairs Committee (Effectiveness Score: 40.0, Power Score: 75.0), began its journey on January 30, 2025. Initially introduced with a focus on creating state misdemeanors (escalating to felonies on subsequent offenses) for illegal entry and reentry, and refusal to comply with a state-issued order to return to a foreign nation, the bill moved quickly.

Jan 30: Introduced in the House.
Jan 31: Referred to House State Affairs.
Feb 5: Passed out of committee with a "Do Pass" recommendation.
Feb 10: Passed the House floor with a decisive 61-9 vote. This initial version already included a key provision: enforcement of the new state crimes could only occur if an individual was detained or investigated for a separate suspected crime.

Upon reaching the Senate, H0083 was referred to the equally powerful Senate State Affairs Committee (Power Score: 75.0) on February 11th.

Mar 3: Reported out of Senate committee, flagged for amendment.
Mar 4: Amended in the Senate Committee of the Whole (Amendment H0083A1). This amendment significantly expanded the bill's scope beyond the initial entry/reentry crimes.
Mar 11: Passed the Senate floor as amended, with a strong 29-6 vote.

The amended bill returned to the House:

Mar 12: House concurred with Senate amendments.
Mar 19: Final passage vote in the House on the amended version, mirroring the initial vote: 61-9.
Mar 27: Signed into law by the Governor, taking effect immediately due to an emergency clause.

The voting patterns in both chambers (61-9 and 29-6) clearly indicate the bill passed largely along party lines, lacking bipartisan support, as confirmed by the hasBipartisanSupport: false flag. The strong majority votes underscore the prevailing political will in the Idaho legislature to enact state-level immigration controls.

What Does H0083 Actually Do? A Look Inside the Law

The final, engrossed version of H0083 (now Chapter 90, Title 18 of Idaho Code) is more comprehensive than its introduced counterpart:

State Immigration Crimes: It retains the core provisions making it a state crime for an alien to enter Idaho outside a lawful port of entry (18-9003) or to re-enter after deportation or while an order is outstanding (18-9004). A first offense is a misdemeanor, subsequent offenses are felonies. Crucially, enforcement still requires the individual to be detained for another suspected crime (excluding these new immigration offenses).
Mandated Federal Cooperation (18-9005): This is a major addition from the Senate amendment. It explicitly authorizes state/local law enforcement to cooperate with federal agencies like DHS and ICE. It prohibits officials from being restricted in sharing immigration status information and mandates that custodial authorities (jails, prisons) must honor federal immigration detainers and warrants, provided state confinement terms are met and it doesn't impose undue burden.
Trafficking Dangerous Illegal Aliens (18-9006): Creates a new felony offense for knowingly transporting an undocumented individual into Idaho who has a prior conviction for a "dangerous crime."
Sentencing Enhancement (18-9007): Imposes a mandatory minimum sentence of five years for individuals convicted of a "dangerous crime" if they have previously been deported or are under a removal order.
Alienage Determination (18-9008): Requires custodial authorities to determine if an arrested person might be a foreign national during booking and notify DHS within 48 hours if so.
Release Conditions (18-9009): Restricts release options for known undocumented individuals convicted of crimes, generally requiring completion of determinate sentences and coordination with DHS for deportation.
Immunity (18-9011): Grants immunity from liability to officials acting in good faith under this chapter.

The law includes affirmative defenses, such as having lawful presence, asylum status granted by the federal government, or DACA approval (within specific dates). It also clarifies that its provisions should be interpreted consistently with federal law.

LegiEquity Analysis: High Bias and Potential Disparate Impact

LegiEquity's analysis flags H0083 with a 90% Overall Bias score (High Confidence). This stems primarily from significant predicted biases in specific demographic categories:

Race: 90% Bias, with a particularly high 95% Bias score for the Latinx (LX) community.
Age: 80% Bias, specifically concerning Children/Youth (CY).

The high bias scores suggest the law's mechanisms—creating state-level immigration offenses tied to other stops, mandating cooperation and detainer compliance, and enhancing sentences based on immigration status and prior offenses—are likely to disproportionately affect certain communities. The requirement to investigate potential foreign nationality during booking (18-9008) and the linkage of enforcement to stops for other potential crimes could lead to increased scrutiny and potential profiling of individuals perceived to be immigrants, particularly those of Latinx descent.

While the bill includes defenses like DACA, the overall structure leans heavily towards enforcement and cooperation, mirroring controversial laws passed in states like Arizona (SB 1070) and Texas (SB 4), which faced legal challenges and accusations of promoting racial profiling. The emphasis on state action in the realm of federal immigration law historically raises complex legal questions regarding preemption.

The Broader Context and Future Implications

H0083 enters Idaho law amidst a charged national debate over immigration policy and the respective roles of state and federal governments. Proponents argue it's a necessary tool for state law enforcement to address public safety concerns and cooperate effectively with federal partners. Opponents raise alarms about potential civil rights violations, the erosion of trust between immigrant communities and law enforcement, the potential for racial profiling despite safeguards, and the practical challenges and costs of state involvement in complex immigration matters.

The passage of H0083 signifies Idaho's decision to take a more assertive stance on immigration enforcement. Its implementation will be closely watched, not only for its effectiveness in achieving its stated goals but also for its impact on community relations, civil liberties, and the state's relationship with federal immigration authorities. Given the high bias scores identified by LegiEquity and the history of similar legislation elsewhere, legal challenges and significant community impact are distinct possibilities.

LegiEquity analyzes proposed legislation to determine its potential impact on various demographic groups. Our goal is to provide objective insights into how laws may affect different communities.