Idaho’s new immigration law faces further legal setbacks
BOISE, Idaho (KIFI) - A federal judge has extended the Temporary Restraining Order (TRO) blocking the enforcement of Idaho's new immigration enforcement law, House Bill 83.
Governor Little signed the bill into law on March 27, 2025. Only hours afterward, the American Civil Liberties Union (ACLU) of Idaho filed a lawsuit, IORC v. Labrador, to prevent statewide enforcement of the bill.
For more information about the initial lawsuit, click HERE.
The ACLU of Idaho argues that H.B. 83 violates the U.S. Constitution by attempting to supersede the federal government's oversight of immigration enforcement.
“This is a huge win for our immigrant community and the Constitution,” said Paul Carlos Southwick, ACLU of Idaho Legal Director, in a press release. “We are pleased that the court agreed our case is likely to succeed on the merits of our arguments, and that the court protected families from being torn apart by this cruel and unnecessary law.”
Despite the lawsuit, on March 31, Governor Little, law enforcement officers, and supportive legislators celebrated the bill's passage. Governor Little said the bill reinforces Idaho's support of President Trump's immigration policies.
"The historic presidential election can be viewed as a mandate: a mandate from the American people to reinstate common sense and keep America safe. The Trump Administration has been focused on tracking down dangerous criminals in our country illegally, and the State of Idaho is committed to helping in the effort,” Governor Little said.
The case for and against House Bill 83
The judge is expected to release a decision on the ACLU's requested preliminary injunction in the coming weeks. If granted, the preliminary injunction would provide a long-term ban on the law while litigation continues.
“The Constitution is clear that Idaho has no right to interfere with federal immigration laws. And we will defend the constitutional rights of everyone, regardless of their country of origin, as the Constitution guarantees,” said Emily Croston, ACLU of Idaho Staff Attorney.
House Bill 83 provides for two offenses: First, a misdemeanor charge for "illegal entry," and second, "illegal reentry," which would be a felony offense.
The legislation requires law enforcement to focus on illegal immigrants who are detained, investigated, or suspected of criminal activity, through which officers would record the documentation status of individuals arrested throughout their police work.
If not blocked by federal court, the ACLU of Idaho says the law would have impacted anyone stopped by the police or accused of a crime, even falsely, and subjected them to potential immigration enforcement even if there is no criminal conviction, meaning many innocent families would have been unjustly subject to deportation.
“As we see an alarming rise in unconstitutional attacks on immigrant rights across the country, including on those with legal status, we applaud the court for upholding the rule of law and our Constitution,” said Leo Morales, ACLU of Idaho Executive Director. “We refuse to tolerate the dismantling of constitutional rights of anyone, and will defend those rights regardless of a person’s national origin.”
