Passed: Idaho's H0083 Enacts Sweeping State Immigration Enforcement Measures

Idaho Takes Immigration Enforcement into State Hands with Passage of H0083

In a move signaling a significant shift in state-level immigration policy, Idaho lawmakers passed H0083, now officially known as the Immigration Cooperation and Enforcement Act. Signed into law by the Governor on March 27, 2025, and effective immediately due to an emergency clause, this legislation dramatically expands the role of state and local authorities in immigration matters.

Purpose and Scope of the New Law

The core purpose of H0083 is to establish a framework for state cooperation with federal immigration authorities and to create new state-level crimes related to immigration status. Initially introduced with a focus on illegal entry and reentry, the final, engrossed version of the bill, shaped significantly by Senate amendments, broadened its scope considerably.

The Act now authorizes state and local law enforcement to enter into agreements (like the federal 287(g) program) to enforce federal immigration laws, requires compliance with federal immigration detainers issued by agencies like ICE, and mandates the determination of a person's potential foreign national status during the booking process following any criminal arrest.

Furthermore, H0083 establishes several new state crimes:

Illegal Entry: Makes it a misdemeanor (felony on subsequent offense) for an alien to enter Idaho directly from a foreign nation outside a lawful port of entry. Enforcement is tied to the individual being detained for an independent suspected crime.
Illegal Reentry: Similar penalties apply to aliens found in Idaho after having been previously deported, excluded, or denied admission.
Trafficking a Dangerous Illegal Alien: Creates a felony offense for knowingly transporting an individual classified as a 'dangerous illegal alien' (someone previously convicted of a serious crime) into Idaho.
Sentencing Enhancement: Imposes a mandatory minimum five-year sentence for individuals convicted of a 'dangerous crime' if they have a prior history of deportation or removal orders.

The law explicitly prohibits courts from halting prosecutions under this chapter simply because a federal immigration status determination is pending.

A Contentious Legislative Journey

H0083's path through the Idaho legislature was relatively swift but marked by significant transformation and clear political division. Introduced in the House on January 30, 2025, by the House State Affairs Committee (Effectiveness Score: 40.0), it quickly moved through committee.

Jan 30: Introduced in House.
Jan 31: Referred to House State Affairs (Power Score: 75.0).
Feb 5: Passed House State Affairs Committee.
Feb 10: Passed the House floor with a decisive 61-9 vote.
Feb 11: Sent to Senate and referred to Senate State Affairs (Power Score: 75.0).
Mar 3: Reported out of Senate committee with amendments.
Mar 4: Senate amendments adopted (H0083A1), significantly altering the bill's content and title.
Mar 11: Passed the Senate floor as amended, 29-6.
Mar 12: House concurred with Senate amendments.
Mar 19: Final passage vote in the House confirmed the amended bill, again 61-9.
Mar 27: Signed into law by the Governor.

The consistent, strong majority votes in both chambers, coupled with the hasBipartisanSupport: false flag, indicate the legislation passed largely along party lines, reflecting a deep political divide on the issue of state-level immigration enforcement.

LegiEquity Analysis: High Potential for Biased Impact

While proponents frame H0083 as a necessary measure for public safety and cooperation, LegiEquity's analysis raises serious concerns about its potential real-world impact. The analysis assigned an Overall Impact score of 90% Bias with High Confidence. This suggests the law, as written and likely implemented, carries a high probability of disproportionately affecting certain demographic groups.

Breaking down the analysis:

Race: 90% Bias, with a particularly high score of 95% Bias for the Latinx (LX) community. This indicates provisions like mandatory alienage determination upon arrest, cooperation with ICE, and the creation of state immigration crimes could lead to increased scrutiny, detention, and deportation specifically targeting this group, regardless of the initial reason for interaction with law enforcement.
Age: 80% Bias (specifically 80% for Children/Youth - CY). While the bill defines 'illegal alien' as 18 or older for some sections, the broader enforcement mechanisms and potential family impacts contribute to this score.

The provisions requiring alienage checks during booking for any criminal offense, even minor ones, and the mandate to honor ICE detainers, are likely drivers of this high bias score. Critics argue such measures can foster distrust between immigrant communities and law enforcement, potentially discouraging crime reporting and cooperation, and could lead to racial profiling despite legal safeguards.

National Context and Potential Challenges

Idaho's H0083 joins a growing list of state laws attempting to regulate immigration, a domain traditionally overseen by the federal government. Similar efforts, like Texas's SB4 and Arizona's SB 1070, have faced significant legal challenges based on the principle of federal preemption – the idea that federal law supersedes state law in areas like immigration control. H0083 attempts to navigate this by linking some enforcement to independent state crimes and emphasizing cooperation rather than unilateral state deportation orders (though it does include provisions for state judges to issue orders to return).

The law's emphasis on cooperating with federal agencies like DHS and ICE, and utilizing federal databases and resources, reflects a strategy seen in other states aiming to bolster immigration enforcement within existing federal frameworks but using state resources and personnel.

Conclusion: A New Era of Immigration Enforcement in Idaho

The passage and immediate enactment of H0083, the Immigration Cooperation and Enforcement Act, marks a significant policy decision by the Idaho legislature. It empowers state and local officials with new tools and mandates for immigration enforcement, reflecting a political desire to take a more active role in this complex issue. However, the journey ahead for H0083 is uncertain. It faces not only the practical challenges of implementation but also the shadow of potential legal battles over federal preemption and the serious concerns, highlighted by LegiEquity's analysis, regarding its potential for biased application and disproportionate impact on Idaho's immigrant communities, particularly the Latinx population.

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.