BOISE, Idaho — A federal judge has extended a freeze on part of a new immigration law in Idaho, halting enforcement at the state level.
U.S. District Judge Amanda Brailsford issued the preliminary injunction on Tuesday after previously putting a temporary restraining order on House Bill 83 hours after it took effect. The legislation, passed by the Idaho Legislature earlier this year, remains partially in effect, with provisions requiring cooperation between local and federal immigration authorities still active.
The law creates a misdemeanor offense for undocumented individuals who enter Idaho outside an official port of entry and a felony charge for repeat offenses. These charges can only be pursued if the person is already detained for another alleged crime.
Critics have argued that the law unlawfully intrudes on federal immigration authority and could lead to inconsistent enforcement.
Brailsford ruled that the plaintiffs — a coalition including the ACLU and several individuals living in Idaho without legal status — had legal standing to sue. She said they faced a credible threat of prosecution and that the law likely conflicts with federal immigration statutes.
The state has defended the legislation, arguing that it complements rather than contradicts federal policy. State attorneys also questioned whether undocumented individuals have the legal grounds to challenge the statute. The judge rejected those arguments, stating that prior immigration violations don’t disqualify individuals from contesting a state law that may infringe on constitutional protections.
Brailsford also expressed concern that the bill’s language fails to clearly define what constitutes “illegal entry,” potentially violating the 14th Amendment’s due process protections.
The Idaho Attorney General's Office released the following statement regarding the ruling: “The Attorney General's Office is reviewing the decision to determine next steps. We will continue to defend House Bill 83 in full."
Idaho News 6 will continue to update this story as more information becomes available.
