BOISE — Yesterday, a federal judge granted a preliminary injunction in IORC v. Labrador, blocking enforcement of HB 83’s entry and reentry crimes statewide until the litigation is resolved.
The preliminary injunction comes after two temporary restraining orders, which blocked the enforcement of the new law on an emergency basis. The preliminary injunction applies statewide and covers everyone who would have been at risk of prosecution for the entry and reentry crimes.
“We are pleased the court recognized that enforcement of this law is harmful and unconstitutional,” said Emily Croston, ACLU of Idaho Staff Attorney. “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 lawsuit brought by the ACLU of Idaho and ACLU’s Immigrants’ Rights Project argues that H.B. 83 violates the U.S. Constitution by attempting to supersede the federal government’s oversight of immigration enforcement, by impermissibly limiting interstate commerce, and by failing to give people fair notice of what conduct it proscribes.
"We applaud the court for protecting our immigrant community and the Constitution," said Paul Carlos Southwick, ACLU of Idaho Legal Director. "We want to be clear - it is well established that Idaho has no place enforcing immigration law. The Idaho legislature's attempt to sidestep the Constitution will not be tolerated. We are proud to fiercely defend the constitutional rights of everyone, even if they were born outside our borders."