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LEGISLATURE
OF
THE
STATE
OF
IDAHO
Sixty-eighth
Legislature
Second
Regular
Session
-
2026
IN
THE
SENATE
SENATE
BILL
NO.
1441
BY
STATE
AFFAIRS
COMMITTEE
AN
ACT
1
RELATING
TO
A
MEMORANDUM
OF
AGREEMENT
WITH
IMMIGRATION
AND
CUSTOMS
ENFORCE
-
2
MENT;
AMENDING
CHAPTER
6,
TITLE
19,
IDAHO
CODE,
BY
THE
ADDITION
OF
A
NEW
3
SECTION
19
-
626,
IDAHO
CODE,
TO
ESTABLISH
PROVISIONS
REGARDING
LAW
EN
-
4
FORCEMENT
ENTERING
INTO
A
MEMORANDUM
OF
AGREEMENT
WITH
IMMIGRATION
AND
5
CUSTOMS
ENFORCEMENT;
AND
DECLARING
AN
EMERGENCY
AND
PROVIDING
AN
EFFEC
-
6
TIVE
DATE.
7
Be
It
Enacted
by
the
Legislature
of
the
State
of
Idaho:
8
SECTION
1.
That
Chapter
6,
Title
19,
Idaho
Code,
be,
and
the
same
is
9
hereby
amended
by
the
addition
thereto
of
a
NEW
SECTION
,
to
be
known
and
des
-
10
ignated
as
Section
19
-
626,
Idaho
Code,
and
to
read
as
follows:
1
1
19
-
626.
MEMORANDUM
OF
AGREEMENT
WITH
IMMIGRATION
AND
CUSTOMS
ENFORCE
-
12
MENT.
(1)
As
used
in
this
section:
13
(a)
"Enforcement
and
removal
operations"
means
the
directorate
of
14
United
States
immigration
and
customs
enforcement
under
the
department
15
of
homeland
security
that
manages
all
aspects
of
the
immigration
en
-
16
forcement
process,
including
the
identification,
arrest,
detention,
17
and
removal
of
aliens
who
are
subject
to
removal
or
are
unlawfully
18
present
in
the
United
States.
19
(b)
"Immigration
and
customs
enforcement"
means
the
federal
law
en
-
20
forcement
agency
under
the
department
of
homeland
security,
with
the
21
primary
mission
to
promote
homeland
security
and
public
safety
through
22
criminal
and
civil
enforcement
of
federal
laws
governing
border
con
-
23
trol,
customs,
trade,
and
immigration.
24
(c)
"Law
enforcement
agency"
means
any
law
enforcement
agency
of
any
25
political
subdivision
of
the
state,
including
any
municipal
police
de
-
26
partment
or
county
sheriff's
office.
27
(d)
"Section
287(g)"
refers
to
section
287(g)
of
the
immigration
and
28
nationality
act,
8
U.S.C.
1357(g),
that
permits
the
delegation
of
cer
-
29
tain
immigration
enforcement
functions
to
local
law
enforcement
agen
-
30
cies
and
that
enables
specially
trained
local
peace
officers
to
perform
31
specific
functions
relating
to
the
investigation,
apprehension,
or
de
-
32
tention
of
noncitizens
during
a
predetermined
time
frame
and
under
fed
-
33
eral
oversight
by
immigration
and
customs
enforcement.
34
(2)
Except
as
provided
in
subsection
(3)
of
this
section,
each
law
en
-
35
forcement
agency
in
this
state
shall
make
an
application
for
a
section
287(g)
36
program
for
which
the
local
or
county
law
enforcement
agency
is
eligible,
in
-
37
cluding
but
not
limited
to
the
jail
enforcement
model
and
the
warrant
service
38
officer
model
operated
by
the
department
of
homeland
security.
Participa
-
39
tion
in
such
models
and
programs
shall
be
required
only
to
the
extent
that
the
40
necessary
resources
for
participation
are
reasonably
available
to
the
law
41
enforcement
agency.
42
2
(3)
Upon
a
specific,
written
finding
of
fact
by
the
county
commission
-
1
ers
for
a
county
sheriff's
office
or
by
the
city
council
for
a
municipal
po
-
2
lice
department
that
establishes
that
entering
into
a
section
287(g)
memo
-
3
randum
of
agreement
would
hinder
a
county
or
local
law
enforcement
agency's
4
duty
to
provide
other
necessary
services
required
by
law,
such
agency
may
opt
5
out
of
the
requirements
of
subsection
(2)
of
this
section.
6
(4)
If
a
law
enforcement
agency
is
unable
to
enter
into
a
section
287(g)
7
memorandum
of
agreement
pursuant
to
subsection
(3)
of
this
section
or
is
lim
-
8
ited
in
its
participation
pursuant
to
subsection
(2)
of
this
section,
such
9
agency
shall
publish,
and
forward
to
the
United
States
department
of
home
-
10
land
security,
a
statement
declaring
the
reasons
for
its
inability
to
enter
1
1
into
the
memorandum
or
for
its
limited
participation
and
any
efforts
made
to
12
establish
alternate
cooperation
with
enforcement
and
removal
operations
of
13
immigration
and
customs
enforcement.
14
SECTION
2.
An
emergency
existing
therefor,
which
emergency
is
hereby
15
declared
to
exist,
this
act
shall
be
in
full
force
and
effect
on
and
after
16
July
1,
2026.
17