Idaho Legislature: Ask Legislators to VOTE YES on H0011 - Immigration (posted 01/25/25)
(Check the linked page or use My Bill Tracker for the bill’s current status.)
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H0011 would criminalize illegal entry and related offenses at the state level, allowing for enforcement even when the federal government fails to act.
Under this bill: "A person who is an alien commits an offense if the person enters or attempts to enter this state directly from a foreign nation at any location other than a lawful port of entry."
The bill has many nuances, but its key effect is to allow Idaho to enforce immigration restrictions that the federal government often refuses to enforce.
Clarifying and expanding the role of the state judiciary is necessary because federal courts often fail to expel even convicted criminal aliens. This bill allows a magistrate or judge hearing a case to order the illegal alien "to return to the foreign nation from which the person entered or attempted to enter." The illegal alien commits a felony if he/she refuses to comply with this judicial order.
This bill provides civil immunity and indemnification for state and local government officials, employees, and contractors for their efforts to enforce the laws created by this bill — except for actions done "in bad faith, with conscious indifference, or with recklessness." While we're generally not in favor of government officials being shielded from liability, protecting state government employees from federal civil rights lawsuits filed by allegedly aggrieved foreigners could be worth the tradeoff. Of course, Idaho must take care NOT to limit the rights and recourse of Idaho citizens.
More Information:
Idaho Freedom Foundation (IFF): +2 rating: idahofreedom.org/house-…
Opposing view from Idaho State Representative from District 32: x.com/stopidahorinos/st…
Idaho’s Illegal Immigration, Open Borders, Related Crimes & Security. What Can WE Do?