BOISE, Idaho — A new Idaho law, House Bill 83 (HB 83), has been temporarily blocked by a judge through a restraining order following its signing by Governor Brad Little.
HB 83 aims to establish state-level penalties for individuals unlawfully entering or remaining in Idaho. According to its statement of purpose, the law prohibits illegal entry or presence in the state by foreign nationals, bars re-entry after deportation, supports cooperation between state and federal immigration agencies, criminalizes trafficking of individuals who are unlawfully present and considered dangerous, and applies enhanced sentencing for certain crimes committed by individuals without legal status.
Prior to the law’s enactment, the American Civil Liberties Union (ACLU) of Idaho raised constitutional concerns, referencing prior federal court rulings that have struck down similar laws in other states. These rulings generally affirm that immigration enforcement is under federal jurisdiction.
Following the law’s approval by Governor Little, the ACLU filed for an injunction. A judge subsequently issued a temporary restraining order, pausing enforcement of the law while its constitutionality is evaluated in court.
The case remains under judicial review.
