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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1260
BY
JUDICIARY
AND
RULES
COMMITTEE
AN
ACT
1
RELATING
TO
THE
IMMIGRATION
COOPERATION
AND
ENFORCEMENT
ACT;
AMENDING
SEC
-
2
TION
18
-
9002,
IDAHO
CODE,
TO
DEFINE
A
TERM;
AMENDING
SECTION
18
-
9003,
3
IDAHO
CODE,
TO
REVISE
PROVISIONS
REGARDING
ILLEGAL
ENTRY
AND
TO
REMOVE
4
PROVISIONS
REGARDING
ILLEGAL
ENTRY;
AMENDING
SECTION
18
-
9004,
IDAHO
5
CODE,
TO
PROVIDE
FOR
CERTAIN
AFFIRMATIVE
DEFENSES;
AND
DECLARING
AN
6
EMERGENCY
AND
PROVIDING
AN
EFFECTIVE
DATE.
7
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
8
SECTION
1.
That
Section
18
-
9002,
Idaho
Code,
be,
and
the
same
is
hereby
9
amended
to
read
as
follows:
10
18
-
9002.
DEFINITIONS.
As
used
in
this
chapter:
1
1
(1)
"Alien"
has
the
meaning
assigned
by
8
U.S.C.
1101,
as
that
provision
12
existed
on
January
1,
2023.
13
(2)
"Custodial
authority"
means
the
director
of
the
department
of
cor
-
14
rection,
county
sheriffs,
city
chiefs
of
police,
and
any
of
their
subordi
-
15
nates
with
the
power
to
confine
or
detain
a
person
under
color
of
law.
16
(3)
"Dangerous
crime"
means
any
felony
crime
as
described
in
Idaho
Code
17
or
in
similar
state
or
federal
code,
any
offense
for
which
an
extended
term
of
18
imprisonment
may
be
imposed
pursuant
to
section
19
-
2520B,
Idaho
Code,
or
any
19
offense
requiring
sex
offender
registration
as
set
forth
in
section
18
-
8304,
20
Idaho
Code.
21
(4)
"Dangerous
illegal
alien"
means
an
illegal
alien
who
has
previously
22
been
convicted
or
found
guilty,
by
judgment
or
withheld
judgment,
of
a
dan
-
23
gerous
crime
in
this
state
or
in
any
other
state
or
nation.
24
(5)
"DHS"
means
the
United
States
department
of
homeland
security
and
25
its
subordinate
agencies
and
divisions.
26
(6)
"Illegal
alien"
means
a
person
eighteen
(18)
years
of
age
or
older
27
who
is
verified
by
the
federal
government
to
be
present
in
the
United
States
28
in
violation
of
the
federal
immigration
and
nationality
act,
8
U.S.C.,
and
29
federal
rules
promulgated
in
accordance
therewith.
30
(7)
"Immigration
detainer"
means
a
notice
or
other
documentation
is
-
31
sued
by
United
States
immigration
and
customs
enforcement
requesting
that
a
32
custodial
authority
or
law
enforcement
official
maintain
temporary
custody
33
of
an
illegal
alien,
including
a
DHS
form
I
-
247
document
or
a
similar
succes
-
34
sor
form.
35
(8)
"Law
enforcement
official"
means
all
state,
county,
and
local
law
36
enforcement
officers,
prosecuting
attorneys,
and
city
attorneys.
37
(9)
"Port
of
entry"
means
a
port
of
entry
in
the
United
States
pursuant
38
to
19
CFR
101.
39
(10)
"Violation
of
8
U.S.C.
1324(a)(1)
or
8
U.S.C.
1324(a)(2)"
means
40
a
conviction
in
federal
court
of
violating
8
U.S.C.
1324(a)(1)
or
8
U.S.C.
41
2
1324(a)(2)
or,
in
the
absence
of
a
charge
or
conviction,
committing
acts
that
1
would
be
a
violation
of
8
U.S.C.
1324(a)(1)
or
8
U.S.C.
1324(a)(2).
2
SECTION
2.
That
Section
18
-
9003,
Idaho
Code,
be,
and
the
same
is
hereby
3
amended
to
read
as
follows:
4
18
-
9003.
ILLEGAL
ENTRY
FROM
FOREIGN
NATION
.
(1)
A
person
who
is
an
5
alien
and
is
eighteen
(18)
years
of
age
or
older
commits
an
offense
if
the
6
person
knowingly
enters
or
attempts
to
enter
this
state
at
any
location
other
7
than
a
lawful
port
of
entry
or
through
another
manner
of
lawful
entry
or
is
8
at
any
time
present
in
this
state
after
having
entered
the
United
States
in
9
violation
of
8
U.S.C.
1324(a)(1)
or
8
U.S.C.
1324(a)(2)
.
10
(2)
A
violation
of
this
section
shall
be
a
misdemeanor
upon
a
first
con
-
1
1
viction.
A
second
or
subsequent
conviction
shall
be
a
felony.
12
(3)
Law
enforcement
officers
may
enforce
the
provisions
of
this
section
13
only
when
a
person
is
detained
or
investigated
for
suspected
commission
of
14
an
independent
crime
under
title
18,
Idaho
Code,
excluding
this
chapter,
or
15
under
chapter
27,
title
37,
Idaho
Code.
16
(4)
It
shall
be
an
affirmative
defense
to
prosecution
under
this
sec
-
17
tion
that:
18
(a)
The
federal
government
has
affirmatively
granted
the
defendant
:
19
permission
to
remain
in
the
United
States
under
a
provision
of
the
immi
-
20
gration
and
nationality
act
or
other
federal
statute;
or
21
(i)
Lawful
presence
in
the
United
States;
or
22
(ii)
Asylum
under
8
U.S.C.
1158;
23
(b)
The
defendant's
conduct
does
not
constitute
a
violation
of
8
U.S.C.
24
1325(a);
25
(c)
(b)
The
defendant
was
not
investigated
for,
charged
with,
or
con
-
26
victed
of
committing
the
independent
crime
for
which
the
defendant
was
27
detained
or
investigated
pursuant
to
subsection
(3)
of
this
section
;
28
or
.
29
(d)
The
defendant
was
approved
for
benefits
under
the
federal
deferred
30
action
for
childhood
arrivals
program
between
June
15,
2012,
and
July
31
16,
2021.
32
(5)
The
following
federal
programs
do
not
provide
an
affirmative
de
-
33
fense
for
purposes
of
subsection
(4)(a)
of
this
section:
34
(a)
The
deferred
action
for
parents
of
Americans
and
lawful
permanent
35
residents
program;
and
36
(b)
Any
program
not
enacted
by
the
United
States
congress
that
is
a
suc
-
37
cessor
to
or
materially
similar
to
the
program
described
by
subsection
38
(4)(d)
or
paragraph
(a)
of
this
subsection.
39
(6)
(5)
Notwithstanding
any
other
provision
of
law
to
the
contrary,
40
a
defendant
shall
not
be
eligible
for
deferred
adjudication
or
a
withheld
41
judgment
if
the
defendant
is
charged
with
or
convicted
of
an
offense
pursuant
42
to
this
section.
43
SECTION
3.
That
Section
18
-
9004,
Idaho
Code,
be,
and
the
same
is
hereby
44
amended
to
read
as
follows:
45
3
18
-
9004.
ILLEGAL
REENTRY
BY
CERTAIN
ALIENS.
(1)
A
person
who
is
an
1
alien
commits
an
offense
if
the
person
enters,
attempts
to
enter,
or
is
at
any
2
time
found
in
this
state
after
the
person:
3
(a)
Has
been
denied
admission
to
or
excluded,
deported,
or
removed
from
4
the
United
States;
or
5
(b)
Has
departed
from
the
United
States
while
an
order
of
exclusion,
de
-
6
portation,
or
removal
is
outstanding.
7
(2)
A
violation
of
this
section
shall
be
a
misdemeanor,
except
that
the
8
violation
shall
be
a
felony
if:
9
(a)
The
defendant's
removal
was
subsequent
to
a
conviction
for
commis
-
10
sion
of
two
(2)
or
more
misdemeanors
involving
drugs,
crimes
against
a
1
1
person,
or
both;
12
(b)
The
defendant
was
excluded
pursuant
to
8
U.S.C.
1225(c)
because
the
13
defendant
was
excludable
under
8
U.S.C.
1182(a)(3)(B);
14
(c)
The
defendant
was
removed
pursuant
to
the
provisions
of
8
U.S.C.
15
chapter
12,
subchapter
V;
or
16
(d)
The
defendant
was
removed
pursuant
to
8
U.S.C.
1231(a)(4)(B).
17
(3)
For
purposes
of
this
section,
"removal"
includes
any
agreement
in
18
which
an
alien
stipulates
to
removal
pursuant
to
a
criminal
proceeding
pur
-
19
suant
to
either
federal
or
state
law.
20
(4)
Law
enforcement
officers
may
enforce
the
provisions
of
this
section
21
only
when
a
person
is
detained
or
investigated
for
suspected
commission
of
22
an
independent
crime
under
title
18,
Idaho
Code,
excluding
this
chapter,
or
23
under
chapter
27,
title
37,
Idaho
Code.
24
(5)
It
shall
be
an
affirmative
defense
to
prosecution
under
this
sec
-
25
tion
that
the
:
26
(a)
The
defendant
was
not
investigated
for,
charged
with,
or
convicted
27
of
committing
the
independent
crime
for
which
the
defendant
was
de
-
28
tained
or
investigated
pursuant
to
subsection
(4)
of
this
section
.
;
29
(b)
The
attorney
general
of
the
United
States
or
the
secretary
of
the
30
United
States
department
of
homeland
security
has
expressly
consented
31
to
the
defendant's
entry
into,
reentry
into,
or
presence
in
the
United
32
States;
or
33
(c)
The
federal
government
has
affirmatively
granted
the
defendant
34
permission
to
remain
in
the
United
States
under
a
provision
of
the
immi
-
35
gration
and
nationality
act
or
other
federal
statute.
36
(6)
Notwithstanding
any
other
provision
of
law
to
the
contrary,
a
de
-
37
fendant
shall
not
be
eligible
for
deferred
adjudication
or
withheld
judgment
38
if
the
defendant
is
charged
with
or
convicted
of
an
offense
pursuant
to
this
39
section.
40
SECTION
4.
An
emergency
existing
therefor,
which
emergency
is
hereby
41
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
42
July
1,
2026.
43