View looking up to the Idaho Capitol lit up at dusk

5 Crucial Takeaways from Idaho’s 2026 Legislative Session

May 8, 2026
Idaho’s 2026 legislative session was eventful — here are five key takeaways from the statehouse.

Radiator caps. Battles over Idaho’s state budget, agency spending, and federal tax rules. Intense debates on immigration, LGBTQ+ rights, and health care. Community activism, direct actions, and even arrests.

Idaho’s 2026 legislative session was eventful, to say the least. Here are five key takeaways about what happened at the statehouse this year.

1. Lawmakers blatantly ignored and undermined basic democratic principles.

Weeks of legislative hearings and floor debates revealed a troubling pattern. This session was marked by heated tempers and, even more concerning, a further departure from democratic norms and decorum:

  • House members were prevented from submitting a formal dissenting report about HB 822 to the official House Journal; submitting a dissenting report is otherwise a procedural, innocuous process.
  • Legislators used a rare procedural move called “radiator capping” to push unpopular bills through. A “radiator cap” is when a bill’s language is stripped and replaced with entirely new content without starting a new legislative process.
  • Meeting agendas shifted overnight or were changed with less notice than is obligated by legislative rules, limiting public input.
  • Lawmakers fast-tracked bills through channels that made public engagement near impossible.

This trend in the legislature of abusing power and limiting dissent increased significantly this year, and Idahoans’ civil rights suffered because of it.

2. The Idaho legislature passed two of the country’s most extreme anti-trans laws.

Two bills signed into law had significant impacts on LGBTQ rights: HB 752 and HB 822.

HB 752 makes it a crime for a trans person to enter any public bathroom that aligns with their gender identity. This includes all government buildings and public spaces, such as libraries, rest stops, airports, malls, gas stations, restaurants, entertainment venues, hospitals, and other businesses. The first offense is a misdemeanor punishable by up to one year in prison, and a second offense within five years is a felony punishable by up to five years in prison. On April 30, 2026, we filed a lawsuit against HB 752.

HB 822 is a dangerous bill that would require trusted adults, such as teachers and counselors, to monitor children for signs that they are not conforming to gender stereotypes. If they fail to report such information, they could face steep legal penalties for withholding information or aiding or abetting a “social transition,” including up to $100,000 in civil fines. This new law is dangerous for trans kids and a serious violation of privacy for all students.

Together, HB 752 and HB 822 are a direct attack on Idahoans' right to privacy, as well as the rights of trans Idahoans to live as their authentic selves and be able to navigate public life with dignity and respect. These bills signal an extreme effort from anti-trans activists to make trans people feel unwelcome and unsafe in Idaho.

3. A record number of anti-immigrant bills were introduced, but few were successful.

Lawmakers failed to pass many anti-immigrant laws, but not for a lack of trying. The 2026 Idaho legislative session saw over two dozen anti-immigrant bills, a 30% increase from 2025, and nearly twice the number introduced in 2024.

These bills targeted all aspects of ordinary life: citizenship verification required to work, citizenship checks in Idaho public schools and hospitals, restrictions on drivers’ licenses, new crimes for noncitizen voting, and forced cooperation between local law enforcement and federal immigration agents. Thanks to robust community organizing, including opposition from local law enforcement, most of these bills failed to become law.

4. State lawmakers continue trying to consolidate power at the state level.

In recent years, we’ve seen a dangerous escalation in lawmakers hoarding power at the state level — culminating in new extremes this year. Rather than respecting local autonomy to empower communities to address their own needs, Idaho legislators are instead pushing for statewide mandates that undermine local problem-solving and freedom.

The legislature advanced an alarming wave of bills that encroach on the authority of local governments, law enforcement, and private businesses. We saw a widespread effort across issue areas to overstep into local matters, including:

  • SB 1251 (passed) — Significantly expands the attorney general's authority over hundreds of Idaho statutes, including those never designed for civil enforcement.
  • HB 561 (passed) — Expands a ban on Pride flags for governmental entities.
  • HB 557 (failed) — An attempt to strip cities and counties of their local power to implement policies that appropriately address the needs of their residents.
  • HB 659 (failed) — Would have forced all local law enforcement in Idaho to partner with Immigration and Customs Enforcement (ICE).
  • E-Verify bills (failed) — Lawmakers introduced four separate E-Verify bills that would have forced private businesses to use a bureaucratic “prove yourself to work” system that has been proven faulty and unnecessary.

5. Legislative wins and community organizing give us reasons for hope.

Another, more hopeful story emerged from the legislative session. From chants ringing out on the statehouse steps to faith leaders raising their voices in solidarity with immigrant and trans Idahoans, brave and engaged Idahoans reminded us we are not fighting for civil liberties alone. We saw your unwavering commitment to advocacy: over 1,000 of you contacted lawmakers through our call to actions to stop extreme laws.

Additionally, a positive bill we supported, SB 1293, passed. The new law restores access to critical crime victims’ services for undocumented folks and marks a major victory for both immigrant rights and the criminal legal system.

The Work Ahead

As the ACLU of Idaho works to stop or amend harmful legislation, we implore Idahoans to become more engaged than ever with elected officials. Through voting and engaging directly with the lawmaking process, Idahoans have the power to hold elected officials accountable and send a clear message that we deserve representation that truly reflects the voices and needs of the people.

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