Rating: +1

Bill Summary:
H0083 creates a new Chapter 90 in Title 18 of Idaho Code to establish state-level criminal penalties for illegal entry and reentry by non-citizens. The bill defines offenses for:

• Illegal entry into Idaho from a foreign nation outside a lawful U.S. port of entry
• Illegal reentry by individuals previously removed or deported from the United States
• Refusal to comply with a judicial order to return to a foreign country
  Penalties escalate from misdemeanors to felonies for repeat offenses or for individuals with certain prior criminal histories. Enforcement is restricted to instances where the individual is already being investigated or detained for another independent crime. The bill explicitly prohibits courts from delaying prosecution based on pending federal immigration status reviews. It also creates a new Chapter 63 in Title 19 outlining procedures for courts to issue orders to return to a foreign nation, including biometric identification, background checks, and transportation oversight. The act includes an emergency clause and takes effect immediately upon passage.

Reason for Rating:
H0083 aligns directly with the Idaho Republican Party Platform’s commitments to law and order, state sovereignty, and securing Idaho’s borders from illegal activity. It fills enforcement gaps left by federal inaction by allowing Idaho to take limited, constitutionally structured action against illegal border crossings and reentries. The bill respects civil liberties by limiting enforcement to instances involving other criminal activity, while reaffirming that the rule of law applies regardless of federal delays or policy loopholes. It defends public safety, upholds legal immigration, and reasserts the state’s authority to protect its citizens—all consistent with Republican principles.