BOISE, ID – A federal judge has blocked parts of a new Idaho immigration enforcement law while she evaluates a lawsuit challenging the law.
The Idaho Legislature created the new law through House Bill 83, which was modeled after a controversial 2023 Texas law.
Idaho’s law creates the new immigration crimes of “illegal entry” and “illegal reentry,” targeting individuals who do not have proper immigration authorization and those who have already been deported from coming to Idaho. Law enforcement would only be able to convict someone of those crimes if they are suspected for a different crime.
The law took effect immediately after Gov. Brad Little signed the bill into law on March 27. But hours later, the judge blocked Idaho from enforcing the law through a temporary restraining order that she later extended in response to a lawsuit by ACLU of Idaho.
Federal judge Amanda Brailsford on Tuesday issued a longer lasting preliminary injunction, blocking Idaho from enforcing two new crimes created through the bill: illegal entry and illegal reentry.
In her ruling, the judge wrote the ACLU of Idaho showed it was likely to succeed on the merits of several of its claims, including arguments that the new crimes created through the bill violate the due process clause of the U.S. Constitution, that the new crimes are preempted by federal law, and that the groups and five anonymous people ACLU represents in the lawsuit “are likely to suffer irreparable injury” under Idaho’s new law.
“We are pleased the court recognized that enforcement of this law is harmful and unconstitutional,” ACLU of Idaho Staff Attorney Emily Croston said in a written statement. “We are confident this lawsuit will succeed on its merits, and we hope it sends a message to Idaho’s lawmakers that passing anti-immigrant, unconstitutional legislation is not what Idaho needs.”
Hours after the governor signed the bill, ACLU of Idaho sued Idaho officials over the new law, including Idaho Attorney General Raúl Labrador and county prosecuting attorneys.
“The Attorney General’s Office is reviewing the decision to determine next steps. We will continue to defend House Bill 83 in full,” Idaho Office of the Attorney General spokesperson Damon Sidur told the Sun in a statement.
Idaho’s new law also creates the crime of “trafficking a dangerous illegal alien,” or knowingly transporting an unauthorized immigrant who has previously been convicted of a crime in the U.S. or another country. The law grants immunity to law enforcement officers, meaning they are protected from lawsuits that could arise from the damages and liability they cause while enforcing the law.
Idaho Capital Sun is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Idaho Capital Sun maintains editorial independence. Contact Editor Christina Lords for questions: info@idahocapitalsun.com.
