IdahoIdaho lets people cite federal permission against immigration charges
People facing Idaho entry or reentry charges can use federal permission to stay as a defense, with enforcement tied to another suspected crime.
What it does
Adult noncitizens can face Idaho entry charges after U.S. entry that violates specified federal laws. Police must suspect a separate crime, and federal permission to stay can provide a defense.
People facing Idaho reentry charges can defend themselves by showing that federal officials expressly allowed their entry or presence, or granted permission to remain.
Police can enforce these immigration offenses only while investigating or detaining someone for a separate suspected crime. Judges cannot delay deciding guilt or withhold formal judgments in these cases.
Argument forFederal permission defenses could protect people from Idaho reentry convictions when federal officials have expressly allowed them to enter or stay.
Argument againstAllowing entry charges without a federal conviction could expose people to state prosecution based on disputed claims about their U.S. entry.
More detail
The entry offense covers adults who knowingly enter or try to enter Idaho, or are present there, after entering the United States in violation of 8 U.S.C. 1324(a)(1) or (a)(2). The entry offense applies to noncitizens age 18 or older. A first conviction is a misdemeanor; later convictions are felonies. A federal conviction is not required; acts that violate the named federal provisions also count. Federal permission to remain under federal immigration law or another federal law provides a defense against conviction. A separate defense applies if the person was not investigated for, charged with, or convicted of the separate crime that prompted the detention or investigation. These provisions took effect on July 1, 2026.
People charged with illegal reentry can use federal permission as a defense against conviction. The reentry offense covers noncitizens who enter, try to enter, or are found in Idaho after being denied admission, excluded, deported, or removed from the United States, or leaving while such an order was outstanding. Express consent must come from the U.S. attorney general or the secretary of the U.S. Department of Homeland Security. Alternatively, the federal government must have granted permission to remain under federal immigration law or another federal law. These provisions took effect on July 1, 2026.
Police can enforce the entry and reentry offenses only during detention or investigation for a separate suspected crime. These rules apply to Idaho’s illegal entry and illegal reentry offenses. The separate suspected crime must fall under Idaho’s criminal code outside this immigration chapter, or its drug crime chapter. People charged with or convicted of either offense cannot receive deferred adjudication, which delays a decision on guilt, or a withheld judgment, which withholds formal entry of judgment. For either offense, a defense applies if the person was not investigated for, charged with, or convicted of the separate crime that prompted the detention or investigation. These provisions took effect on July 1, 2026.
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Where it stands
- Introduced
- Passed 1st Chamber
- Passed 2nd Chamber
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 30Signed by Governor Brad Little on 03/26/26 Session Law Chapter 165 Effective: 07/01/2026Became Law
- Mar 26Reported delivered to Governor at 4:33 p.m. on 03/25/26To Governor
- Mar 25Reported signed by the Speaker & ordered delivered to GovernorMinor
- Mar 25Received from Senate; Signed by Speaker; Returned to SenateMajor
- Mar 24Reported enrolled; signed by President; to House for signature of SpeakerMajor
- Mar 24Returned From House Passed; referred to enrollingMinor
- Mar 23Read Third Time in Full – PASSED - 59-9-2AYES – Alfieri, Barbieri, Beiswenger, Bingham, Boyle, Bruce, Burgoyne, Cannon, Cayler, Cheatum, Crane(12), Crane(13), Dygert, Ehardt, Ehlers, Erickson, Fuhriman, Furniss, Garner, Hall(Stone), Handy, Harris, Hawkins, Healey, Hill, Holtzclaw, Hostetler, Leavitt, Manwaring, Marmon, McCann, Mendive, Mickelsen, Miller, Mitchell, Monks, Palmer, Petzke, Pickett, Pohanka, Price, Rasor, Raybould, Raymond, Redman, Sauter, Scott, Shepherd, Shirts, Skaug, Tanner(13), Tanner(14), Thompson, Vander Woude, Veile, Weber, Wheeler, Wisniewski, Mr. SpeakerNAYS – Church, Egbert, Galaviz, Gannon, Green, Haws, Mathias, Nelsen, RubelAbsent – Berch, CornillesFloor Sponsor - SkaugTitle apvd - to SenatePassed 2nd Chamber
- Vote recorded Read Third Time in Full –. Result: pass.Lower
- Mar 20Read second time; Filed for Third ReadingMinor
- Mar 19Reported out of Committee with Do Pass Recommendation, Filed for Second ReadingMinor
- Mar 9Read First Time, Referred to Judiciary, Rules & AdministrationMinor
- Vote recorded Read third time in full –. Result: pass.Upper
- Mar 9Received from the Senate, Filed for First Reading
- Mar 9Read third time in full – PASSED - 29-6-0AYES – Adams, Anthon, Bernt, Bjerke(Bjerke), Blaylock, Burtenshaw, Coho(Lenney), Cook, Den Hartog, Foreman, Galloway, Grow, Guthrie, Harris, Hart, Keyser, Kohl, Lakey, Lent, Nichols, Okuniewicz, Ricks, Rundhaug(Carlson), Shippy, Toews, VanOrden, Woodward, Zito, ZuiderveldNAYS – Rabe, Ruchti, Semmelroth, Taylor, Ward-Engelking, WintrowAbsent and excused – NoneFloor Sponsor - LakeyTitle apvd - to HousePassed 1st Chamber
- Mar 5Read second time; filed for Third ReadingMinor
- Mar 4Reported out of Committee with Do Pass Recommendation; Filed for second readingMinor
- Feb 6Reported Printed; referred to Judiciary & Rules
- Feb 5Introduced; read first time; referred to JR for PrintingIntroduced
ImmigrationCriminal Justice