BOISE, ID – A federal judge on Thursday extended a temporary block on a new law meant to deter unauthorized immigration in Idaho.
Federal judge Amanda Brailsford heard arguments on Thursday morning from attorneys with the ACLU of Idaho and the Idaho Office of the Attorney General on whether to issue a preliminary injunction in a lawsuit against House Bill 83. The preliminary injunction would block enforcement of the law throughout the remainder of the court process. In addition to extending the temporary block, Brailsford granted provisional class-action status, which blocks enforcement of House Bill 83 statewide.
Modeled after a controversial 2023 Texas law that also faces a lawsuit, House Bill 83 creates Idaho immigration crimes “illegal entry” and “illegal reentry.” Law enforcement would only be able to convict someone of those crimes if they are suspected for a different crime. It also creates the crime of “trafficking a dangerous illegal alien,” or knowingly transporting an unauthorized immigrant who has previously been convicted of a crime in the U.S. or another country.
ACLU of Idaho sues state for new immigration enforcement bill just signed into law
The bill was set to take effect immediately after Idaho Gov. Brad Little signed it into law on March 27. However, the lawsuit filed by immigrant advocacy groups and individuals — represented by the ACLU of Idaho — blocked the law from taking effect on the day it was signed.
“This is a huge win for our immigrant community and the Constitution,” ACLU of Idaho Legal Director Paul Carlos Southwick said. “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.”
The judge is expected to release a decision on the ACLU of Idaho’s requested preliminary injunction in the coming weeks.
“The Constitution is clear that Idaho has no right to interfere with federal immigration Laws,” ACLU of Idaho Staff Attorney Emily Croston said in a press release. “And we will defend the constitutional rights of everyone, regardless of their country of origin, as the Constitution guarantees.”
The Idaho Office of the Attorney General did not immediately respond to a request for comment.
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