IDAHO — The ACLU of Idaho has filed a lawsuit to stop the enforcement of House Bill 83, which was signed into law by Governor Brad Little on Thursday morning.
In effect immediately, the law, known as the "Immigration Cooperation and Enforcement Act," makes illegal entry and reentry of undocumented immigrants a state-level crime.
State and local law enforcement will now have the power to enforce immigration, but only if a person is detained or investigated for a different crime.
The law also streamlines cooperation with federal officials, authorizing local law enforcement to send, receive, and maintain information relating to immigration statuses.
The bill outlines penalties for illegal entry into Idaho, with a first offense carrying a misdemeanor charge, and following offenses carrying felony charges.
Illegal reentry after being previously deported would also be a misdemeanor, but increases to a felony charge if the individual was previously removed from the United States following at least two misdemeanor charges involving drugs or crimes against persons.
Anyone who is 18 or older and convicted of a dangerous crime would face a minimum of at least five years in prison if they have been previously deported or are under a removal order.
In a statement on Thursday, Governor Brad Little wrote, "House Bill 83 is consistent with my executive order earlier this year to crack down on illegal immigration and make good on President Trump’s promise to protect our country. I am proud to work closely with my legislative partners to support President Trump’s efforts to ensure the immigration laws on the books are enforced and to deport illegal immigrants who pose the greatest danger to our citizens.”
The ACLU of Idaho has filed a lawsuit against the state of Idaho to stop the enforcement of the bill. In a press release, ACLU Campaign Strategist, Ruby Mendez-Mota wrote, “We are disappointed that Idaho’s elected officials seem comfortable with disparaging immigrants, even while recognizing that immigrants are the backbone of several labor industries in our state."
