An Idaho federal judge has temporarily stopped the implementation of a state immigration bill that sought to authorize local law enforcement to detain migrants who are suspected of entering the state unlawfully if they are involved in another criminal offense.
Judge Amanda Brailsford, appointed by President Biden, has issued a temporary restraining order against certain provisions of Idaho’s House Bill 83, which criminalizes unauthorized entry and reentry into the state and was approved by the state legislature in March. One of the bill’s objectives is to support the federal deportation process.
The legislation, known as the Immigration Cooperation and Enforcement Act, closely resembles a Texas law from 2023 that encountered opposition from the Biden administration.
District Judge Amanda Brailsford was appointed a United States District Judge for the District of Idaho by President Biden. (Nathan Howard/Bloomberg via Getty Images)
Under the law, entering the state unlawfully is classified as a misdemeanor. However, if the person is involved in another crime—such as theft—or is under investigation, the offense could be elevated to a felony and may trigger deportation by federal authorities, according to Idaho News.
The preliminary injunction was welcomed by the ACLU of Idaho.
The Idaho House of Representatives passed the bill. (AP Photo/Keith Ridler)
“We are pleased the court recognized that enforcement of this law is harmful and unconstitutional,” ACLU of Idaho Staff Attorney Emily Croston said in a statement, per the Idaho Capital Sun. “We are confident this lawsuit will succeed on its merits, and we hope it sends a message to Idaho’s lawmakers that passing anti-immigrant, unconstitutional legislation is not what Idaho needs.”
The outlet reports that the state’s attorney general’s office said it is reviewing the decision to determine next steps.
