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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
HOUSE
OF
REPRESENTATIVES
HOUSE
BILL
NO.
764
BY
WAYS
AND
MEANS
COMMITTEE
AN
ACT
1
RELATING
TO
CONCEALING,
HARBORING,
AND
SHIELDING
ALIENS;
AMENDING
TITLE
18,
2
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
CHAPTER
92,
TITLE
18,
IDAHO
CODE,
TO
3
ESTABLISH
PROVISIONS
REGARDING
THE
CONCEALING,
HARBORING,
AND
SHIELD
-
4
ING
OF
ALIENS;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
5
DATE.
6
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
7
SECTION
1.
That
Title
18,
Idaho
Code,
be,
and
the
same
is
hereby
amended
8
by
the
addition
thereto
of
a
NEW
CHAPTER
,
to
be
known
and
designated
as
Chap
-
9
ter
92,
Title
18,
Idaho
Code,
and
to
read
as
follows:
10
CHAPTER
92
1
1
CONCEALING,
HARBORING,
AND
SHIELDING
ALIENS
12
18
-
9201.
DEFINITIONS.
As
used
in
this
chapter:
13
(1)
"Alien"
means
any
person
not
a
citizen
or
national
of
the
United
14
States.
15
(2)
"Organization"
is
as
defined
in
8
U.S.C.
1101(a)(28),
the
immigra
-
16
tion
and
nationality
act,
including
but
not
limited
to
an
organization,
cor
-
17
poration,
company,
partnership,
association,
trust,
foundation,
fund,
or
18
any
director,
officer,
or
agent
thereof
while
serving
in
their
official
ca
-
19
pacity,
and
includes
a
sole
proprietorship
or
group
of
persons,
whether
or
20
not
incorporated,
permanently
or
temporarily
associated
together
for
joint
21
action
on
any
subject
or
subjects.
22
18
-
9202.
PROHIBITIONS.
It
shall
be
unlawful
for
an
organization,
or
23
any
director,
officer,
or
agent
thereof,
in
this
state
to
do
any
of
the
fol
-
24
lowing:
25
(1)
Conceal,
harbor,
or
shield
from
detection,
attempt
to
conceal,
har
-
26
bor,
or
shield
from
detection,
or
conspire
to
conceal,
harbor,
or
shield
from
27
detection
an
illegal
alien
in
any
place
in
this
state,
including
any
build
-
28
ing
or
any
means
of
transportation,
if
the
organization,
or
any
director,
29
officer,
or
agent
thereof,
knows
or
recklessly
disregards
the
fact
that
the
30
alien
has
come
to,
has
entered,
or
remains
in
the
United
States
in
viola
-
31
tion
of
federal
law,
including
being
an
inadmissible
alien.
The
provisions
32
of
this
subsection
shall
be
interpreted
as
being
consistent
with
8
U.S.C.
33
1324(a)(1)(A);
34
(2)
Encourage,
promote,
coerce,
or
induce
an
alien
to
come
to,
enter,
35
or
reside
in
this
state
if
the
organization,
or
any
director,
officer,
or
36
agent
thereof,
knows
or
recklessly
disregards
the
fact
that
such
alien's
37
coming
to,
entering,
or
residing
in
the
United
States
is
or
will
be
in
viola
-
38
tion
of
federal
law,
including
being
an
inadmissible
alien.
The
provisions
39
2
of
this
subsection
shall
be
interpreted
as
being
consistent
with
8
U.S.C.
1
1324(a)(1)(A);
2
(3)
Transport,
attempt
to
transport,
or
conspire
to
transport
in
3
this
state
an
alien
in
furtherance
of
the
unlawful
presence
of
the
alien
in
4
the
United
States
if
the
organization,
or
any
director,
officer,
or
agent
5
thereof,
knows
or
recklessly
disregards
the
fact
that
the
alien
has
come
to,
6
entered,
or
remained
in
the
United
States
in
violation
of
federal
law,
in
-
7
cluding
being
an
inadmissible
alien.
Conspiracy
to
be
so
transported
shall
8
be
a
violation
of
this
subsection.
The
provisions
of
this
subsection
shall
9
be
interpreted
as
being
consistent
with
8
U.S.C.
1324(a)(1)(A);
or
10
(4)
Provide,
promote,
or
advertise
shelter,
financial
support,
or
le
-
1
1
gal
assistance
to
an
alien
in
this
state
if
the
organization,
or
any
direc
-
12
tor,
officer,
or
agent
thereof,
knows
or
recklessly
disregards
the
fact
that
13
such
alien's
coming
to,
entering,
or
residing
in
the
United
States
is
or
will
14
be
in
violation
of
federal
law,
including
being
an
inadmissible
alien.
15
18
-
9203.
PENALTIES.
(1)
Any
organization,
or
any
director,
officer,
16
or
agent
thereof,
violating
the
provisions
of
section
18
-
9202,
Idaho
Code,
17
shall
be
guilty
of
a
misdemeanor
for
each
unlawfully
present
alien
whose
il
-
18
legal
presence
in
the
United
States
and
this
state
the
organization,
or
any
19
director,
officer,
or
agent
thereof,
is
facilitating
or
is
attempting
to
fa
-
20
cilitate.
21
(2)
Any
organization,
or
any
director,
officer,
or
agent
thereof,
vi
-
22
olating
the
provisions
of
section
18
-
9202,
Idaho
Code,
shall
be
guilty
of
23
a
felony
when
the
violation
involves
five
(5)
or
more
aliens
whose
illegal
24
presence
in
the
United
States
and
this
state
the
organization,
or
any
direc
-
25
tor,
officer,
or
agent
thereof,
is
facilitating
or
is
attempting
to
facili
-
26
tate.
27
(3)
Any
organization,
or
any
director,
officer,
or
agent
thereof,
with
28
a
prior
conviction
under
section
18
-
9202,
Idaho
Code,
who
commits
a
subse
-
29
quent
violation
shall
be
guilty
of
a
felony.
30
(4)(a)
Upon
a
finding
of
a
first
violation
by
a
court
of
competent
ju
-
31
risdiction
that
an
organization,
or
any
director,
officer,
or
agent
32
thereof,
violated
section
18
-
9202,
Idaho
Code,
the
court
shall:
33
(i)
Direct
the
applicable
state,
county,
or
municipal
governing
34
body
to
revoke
all
business
licenses
and
permits,
if
such
exist,
35
held
by
the
organization
throughout
the
state
for
a
duration
of
36
one
(1)
year.
Upon
receipt
of
the
order,
and
notwithstanding
any
37
other
law,
the
appropriate
agencies
shall
immediately
revoke
the
38
licenses
and
permits
held
by
the
organization
for
a
duration
of
one
39
(1)
year;
and
40
(ii)
Impose
a
fine
fixed
by
ordinance,
not
to
exceed
the
sum
of
41
three
thousand
dollars
($3,000)
for
each
offense
and
each
unlaw
-
42
fully
present
alien
aided
by
the
organization,
or
any
director,
43
officer,
or
agent
thereof.
44
(b)
For
a
subsequent
violation
by
an
organization,
or
any
director,
of
-
45
ficer,
or
agent
thereof,
the
court
shall
direct
the
applicable
state,
46
county,
or
municipal
governing
body
to
permanently
revoke
all
business
47
licenses
and
permits,
if
such
exist,
held
by
the
organization
through
-
48
out
the
state.
Upon
receipt
of
the
order,
and
notwithstanding
any
other
49
3
law,
the
appropriate
agencies
shall
immediately
revoke
the
licenses
and
1
permits
held
by
the
organization.
2
(5)
Any
conveyance,
including
any
vessel,
vehicle,
or
aircraft,
that
3
has
been
or
is
being
used
in
the
commission
of
a
violation
of
section
18
-
9202,
4
Idaho
Code,
and
the
gross
proceeds
received
by
any
individual
or
organiza
-
5
tion
using
such
conveyance
to
commit
such
a
violation
shall
be
subject
to
6
civil
forfeiture
pursuant
to
applicable
state
law.
7
18
-
9204.
EXCEPTIONS.
(1)
A
law
enforcement
agency
and
its
officers,
8
employees,
and
staff
operating
in
their
official
capacity,
and
any
persons
9
or
organizations
hired
by
a
law
enforcement
agency,
may
securely
transport
10
an
alien
who
is
unlawfully
present
in
the
United
States
to
any
federal,
1
1
state,
or
local
detention
or
holding
facility
or
to
any
other
location
re
-
12
quired
to
detain
such
alien
or
to
facilitate
transfer
of
the
alien
into
13
federal
custody.
14
(2)
Any
person
acting
in
his
official
capacity
as
a
first
responder
or
15
as
a
licensed
medical
professional
may
shelter,
move,
or
transport
an
alien
16
unlawfully
present
in
the
United
States
pursuant
to
state
law
when
required
17
to
provide
emergency
services.
18
(3)
All
Idaho
state
courts,
including
their
staff,
attorneys,
and
ap
-
19
pointed
counsel,
shall
be
exempt
from
the
provisions
of
this
chapter
while
20
performing
official
duties.
21
18
-
9205.
ENFORCEMENT.
(1)
In
the
enforcement
of
this
chapter,
an
22
alien's
immigration
status
shall
be
determined
by
verification
of
the
23
alien's
immigration
status
with
the
federal
government
pursuant
to
8
U.S.C.
24
1373(c).
25
(2)
Any
record
that
relates
to
the
immigration
status
of
a
person
is
26
admissible
in
any
court
of
this
state
without
further
foundation
or
testi
-
27
mony
from
a
custodian
of
records
if
the
record
is
obtained
from
the
federal
28
government
agency
that
is
responsible
for
maintaining
the
record.
A
veri
-
29
fication
of
an
alien's
immigration
status
received
from
the
federal
govern
-
30
ment
pursuant
to
8
U.S.C.
1373(c)
shall
constitute
proof
of
that
alien's
sta
-
31
tus.
A
court
of
this
state
shall
consider
only
the
federal
government's
ver
-
32
ification
in
determining
whether
an
alien
is
lawfully
present
in
the
United
33
States.
34
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
35
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
36
July
1,
2026.
37