Idaho's New ICE Act: HB 83 Fact Sheet

House Bill 83 (HB 83) was introduced in the Idaho legislature in February 2025 and then signed into law by Governor Brad Little in March 2025.

This law introduces new state-level immigration offenses and enforcement mechanisms in Idaho. In particular, it criminalizes (1) entering the state without lawful immigration status and (2) being present in the state if you were previously subject to deportation or removal proceedings.

The legislation is modeled after a 2023 Texas law, Senate Bill 4, which has been blocked by the courts. These laws are a national trend harming immigrant communities. 

HB 83 is unconstitutional. It infringes upon federal jurisdiction over immigration matters, unlawfully restricts interstate commerce, and fails to give ordinary people notice of what it regulates. It is also likely to lead to racial profiling.

The law permits arrest, detention, or prosecution for the state immigration crimes of any individuals investigated for certain independent crimes—even without any criminal conviction. Those investigations could be as minor as asking an individual questions at a traffic stop or the routine deployment of a drug dog. Such vague enforcement standards increase the risk of people being targeted due to their appearance, accent, or perceived national origin.

These practices promote discrimination and result in the detention and transfer to ICE custody of community members—separating families and creating lasting emotional and economic harm. They also erode trust in local law enforcement, making communities less safe as individuals may be less likely to report crimes or seek help when needed. 

Hours after the bill’s enactment, the ACLU of Idaho filed a lawsuit known as IORC v. Labrador, against the state. The same day a federal judge temporarily blocked the law’s enforcement. On April 29, the same judge issued a preliminary injunction against the law which blocks enforcement on a longer-term basis while the litigation moves forward.

This is a huge victory for the immigrant community that affirms the humanity of Latines and immigrants in Idaho and gives our community hope that their dignity will be respected. 

As of April 2025, HB 83’s crimes for entering or reentering the state are still blocked by a preliminary injunction that lasts through the litigation. The plaintiffs in the case are working to ensure that these provisions will ultimately be permanently blocked.

If you feel that your civil rights or liberties have been violated, please reach out to us via our online intake or call 208-344-9750 ext. 4.

You have rights, no matter your immigration status: 

• You have the right to remain silent. 
• You have the right not to consent to any searches 
• If you are the driver of a vehicle, you must present your driver’s license if asked for it (do not provide a fake license).  
• You have the right to speak with a lawyer. 
• Do not sign anything you don’t understand. 
• Ask: “Am I free to go?” If yes, you may calmly leave. If not, you have the right to say you want to remain silent and speak to a lawyer.  
• If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you. If you are over 18, carry your immigration papers with you at all times. If you do not have immigration papers, you have the right to say you want to remain silent. 
• Do not lie about your citizenship status or provide fake documents. 

Learn more about your rights as an immigrant.