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Federal judge blocks Idaho immigration law with preliminary injunction
Federal judge blocks Idaho immigration law with preliminary injunction

Yahoo

time01-05-2025

  • Politics
  • Yahoo

Federal judge blocks Idaho immigration law with preliminary injunction

A federal judge in Idaho has temporarily blocked a state immigration bill aimed at allowing local police to arrest migrants suspected of crossing into the state illegally if they are involved in another crime. Federal judge Amanda Brailsford, a President Biden appointee, issued a preliminary injunction against parts of Idaho's House Bill 83, which criminalizes state entry and reentry and was passed by the legislature in March. It also aims to assist the federal deportation process. The bill, also known as the Immigration Cooperation and Enforcement Act, mirrors a similar 2023 Texas law which faced pushback by the Biden administration. Why Are Americans Fleeing The West Coast For This Deep Red State? Freedom And Friendliness Gov. Brad Little signed the bill into law on March 27 and it became effective immediately, but Brailsford blocked Idaho from enforcing it through a temporary restraining order that she later extended in response to a lawsuit by the ACLU of Idaho, according to the Idaho Capital Sun. The ACLU argues that the law attempts to supersede federal immigration enforcement by allowing local law enforcement to act as immigration agents. On Tuesday, Brailsford issued a longer-lasting preliminary injunction, effectively halting its enforcement. Read On The Fox News App In her ruling, the judge stated that the ACLU of Idaho had demonstrated a strong likelihood of success on several key claims, including that the new offenses established by the law may violate the U.S. Constitution's due process clause. She also wrote that the law is likely preempted by federal immigration law and that the organizations and five unnamed individuals represented in the lawsuit could face irreparable harm if the law were enforced, per the Idaho Capital Sun. Idaho Judge Issues Order On Kohberger's Bid To Have His Family Guaranteed Courtroom Seating 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. "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 article source: Federal judge blocks Idaho immigration law with preliminary injunction

Federal judge blocks Idaho immigration law with preliminary injunction
Federal judge blocks Idaho immigration law with preliminary injunction

Fox News

time01-05-2025

  • Politics
  • Fox News

Federal judge blocks Idaho immigration law with preliminary injunction

A federal judge in Idaho has temporarily blocked a state immigration bill aimed at allowing local police to arrest migrants suspected of crossing into the state illegally if they are involved in another crime. Federal judge Amanda Brailsford, a President Biden appointee, issued a preliminary injunction against parts of Idaho's House Bill 83, which criminalizes state entry and reentry and was passed by the legislature in March. It also aims to assist the federal deportation process. The bill, also known as the Immigration Cooperation and Enforcement Act, mirrors a similar 2023 Texas law which faced pushback by the Biden administration. Gov. Brad Little signed the bill into law on March 27 and it became effective immediately, but Brailsford blocked Idaho from enforcing it through a temporary restraining order that she later extended in response to a lawsuit by the ACLU of Idaho, according to the Idaho Capital Sun. The ACLU argues that the law attempts to supersede federal immigration enforcement by allowing local law enforcement to act as immigration agents. On Tuesday, Brailsford issued a longer-lasting preliminary injunction, effectively halting its enforcement. In her ruling, the judge stated that the ACLU of Idaho had demonstrated a strong likelihood of success on several key claims, including that the new offenses established by the law may violate the U.S. Constitution's due process clause. She also wrote that the law is likely preempted by federal immigration law and that the organizations and five unnamed individuals represented in the lawsuit could face irreparable harm if the law were enforced, per the Idaho Capital Sun. 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. "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.

Federal judge blocks new Idaho immigration law through preliminary injunction as lawsuit plays out
Federal judge blocks new Idaho immigration law through preliminary injunction as lawsuit plays out

Yahoo

time30-04-2025

  • Politics
  • Yahoo

Federal judge blocks new Idaho immigration law through preliminary injunction as lawsuit plays out

More than 100 people march outside of the Idaho State Capitol in Boise holding Mexican flags and signs protesting President Donald Trump's immigration policies on February 7, 2025. (Mia Maldonado / Idaho Capital Sun) A federal judge has blocked parts of a new Idaho immigration enforcement law while she evaluates a lawsuit challenging the law. The Idaho Legislature created the new law through House Bill 83, which was modeled after a controversial 2023 Texas law. Idaho's law creates the new immigration crimes of 'illegal entry' and 'illegal reentry,' targeting individuals who do not have proper immigration authorization and those who have already been deported from coming to Idaho. Law enforcement would only be able to convict someone of those crimes if they are suspected for a different crime. The law took effect immediately after Gov. Brad Little signed the bill into law on March 27. But hours later, the judge blocked Idaho from enforcing the law through a temporary restraining order that she later extended in response to a lawsuit by ACLU of Idaho. Federal judge Amanda Brailsford on Tuesday issued a longer lasting preliminary injunction, blocking Idaho from enforcing two new crimes created through the bill: illegal entry and illegal reentry. In her ruling, the judge wrote the ACLU of Idaho showed it was likely to succeed on the merits of several of its claims, including arguments that the new crimes created through the bill violate the due process clause of the U.S. Constitution, that the new crimes are preempted by federal law, and that the groups and five anonymous people ACLU represents in the lawsuit 'are likely to suffer irreparable injury' under Idaho's new law. '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 written statement. '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.' Hours after the governor signed the bill, ACLU of Idaho sued Idaho officials over the new law, including Idaho Attorney General Raúl Labrador and county prosecuting attorneys. 'The Attorney General's Office is reviewing the decision to determine next steps. We will continue to defend House Bill 83 in full,' Idaho Office of the Attorney General spokesperson Damon Sidur told the Sun in a statement. Idaho's new law 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. The law grants immunity to law enforcement officers, meaning they are protected from lawsuits that could arise from the damages and liability they cause while enforcing the law. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX HB 83 prelim injunction

At least seven bills introduced during 2025 legislative session tackle immigration in Idaho
At least seven bills introduced during 2025 legislative session tackle immigration in Idaho

Yahoo

time17-04-2025

  • Health
  • Yahoo

At least seven bills introduced during 2025 legislative session tackle immigration in Idaho

Idaho legislative leadership pose in a photo with the governor to celebrate signing House Bill 83 into law. From left to right stand Idaho State Police Lt. Colonel Fritz Zweigart, Rep. Jaron Crane, R-Nampa; House Speaker Mike Moyle, R-Star; Idaho Gov. Brad Little, Senate Pro Tem Kelly Anthon, R-Burley; and Sen. Todd Lakey, R-Nampa. (Courtesy of the Idaho Office of the Governor) In February 2024, Rep. Jordan Redman, R-Coeur d'Alene, introduced a bill to prevent unauthorized immigrants from accessing publicly-funded assistance — requiring state agencies to verify immigration status for services like vaccines, prenatal and postnatal care, and food aid for children. His bill was met with bipartisan concerns that it would hurt pregnant women, mothers and their children who don't have proper immigration paperwork alike. That group of legislators voted to hold the bill in the committee, effectively killing the bill for the remainder of the 2024 legislative session. However, Redman brought the bill back in 2025 — this time as House Bill 135. It passed both legislative chambers by a wide margin, and Idaho Gov. Brad Little signed it into law on April 3. It is set to take effect July 1. Driven by the Trump administration's crackdown on immigration, Idaho lawmakers have reintroduced and advanced a wave of immigration-related bills this year. Among them is House Bill 135 — one of two bills revived in 2025 that gained enough support to pass, contributing to at least seven immigration-focused bills introduced this year. Dr. Noreen Womack, a pediatrician at St. Luke's, said she believes House Bill 135 will significantly impact health care for children who come to the U.S. without proper immigration paperwork. Immunization rates are already low in Idaho, and she said this bill would exacerbate that. 'Children are completely blameless in this,' she said, noting that she serves many youth who do not have legal permission to be in the U.S. 'It was not their decision to come here.' Womack's concerns reflect similar concerns around Idaho's 2025 wave of immigration-related bills. In addition to House Bill 135, here is a rundown of the bills focused on regulating immigration in the Gem State, and where each bill stands after the Idaho Legislature's 2025 session. SUPPORT: YOU MAKE OUR WORK POSSIBLE House Bill 83, another revived bill, was signed into law this year. It creates new crimes called 'illegal entry' and 'illegal reentry.' Law enforcement would only be able to convict someone of those crimes if they are suspected for a separate crime. It also creates the crime of 'trafficking a dangerous illegal alien.' The bill was signed into law by the governor on March 27, but a lawsuit from the ACLU of Idaho has temporarily blocked it from taking effect. In a press conference with reporters and legislative leadership on March 31, Little said the focus of the bill is to help the Trump administration deliver its immigration goals, while also focusing on targeting criminals. House Speaker Mike Moyle, R-Star, said the legislation is 'a step in the right direction.' ACLU of Idaho sues state for new immigration enforcement bill just signed into law 'We're talking about individuals that are here illegally, not supposed to be here in the first place, and then they break the law,' Moyle said at the conference. 'This now gives us an opportunity to work more with the feds, and it gives us an opportunity to take the worst of the worst that are in this country illegally and send them back to where they came from and keep our community safe.' But opponents of the bill say the law would cause fear and discourage unauthorized immigrants in Idaho from reporting crimes they've witnessed or are experiencing. 'That would be counterintuitive to the intent if we made people fearful,' Little said in response to those concerns. 'Our goal is to keep everybody here safe, and that's what this piece of legislation is.' Idaho State Police Lt. Colonel Fritz Zweigart reinforced the idea that the bill is focused on targeting criminals. 'We are going to focus on the crime that's reported, not necessarily that's reporting the crime, unless they're of course involved in the criminal activity,' Zweigart said at the press conference. Still, domestic violence advocates in Idaho say these laws will prevent immigrant victims from seeking help. 'What you're going to see is reporting is going to go down because they don't want to be in trouble for reporting a crime if they do not have papers,' Teena McBride, the executive director of the Domestic Violence and Sexual Assault Center in Idaho Falls, told the Sun. 'And what you start to see is that the intensity of the violence is going to increase.' Angelica Soto, director of client care at Voices Against Violence in Twin Falls, said she has noticed growing fear among immigrant clients seeking appointments, support groups, or services like food boxes and personal care items. 'We have to get creative in some way with the clients that don't feel safe coming in person,' Soto told the Sun. The following is a list of bills introduced during the session that either failed to receive a hearing or were held in committee and did not advance. Harboring unauthorized immigrants House Bill 335 would have made it a misdemeanor or a felony, depending on how many people are involved, to help, hide or transport unauthorized immigrants. Sponsor: Rep. Dale Hawkins, R-Fernwood Status: Held in committee on March 5 Collecting students' immigration status House Bill 382 would have added immigration status and nationality to the demographic data collected by Idaho public schools, ranging from K-12 schools, higher education institutions and public career technical schools. It would have required the data to be available on the state department of education's website. Sponsors: Rep. Steve Tanner, R-Nampa; Rep. Dale Hawkins, R-Fernwood Status: It did not receive a committee hearing. Sponsors pulled the bill from the agenda the day it was set to receive a hearing because it lacked support, KTVB reported. E-Verify requirements House Bill 252 would have required all Idaho employers to use E-Verify, a program meant to check a person's legal work status. Sponsor: Rep. Jordan Redman, R-Coeur d'Alene Status: Introduced, did not receive a hearing State guest worker program House Bill 297 would have created a year-round guest worker program managed by the state. Sponsors: Rep. Britt Raybould, R-Rexburg; Rep. Jaron Crane, R-Nampa Status: Introduced, did not receive a hearing No voting for non-citizens House Bill 94 would have required that only citizens vote in federal, state, local and public elections in Idaho. (Non-U.S. citizens are already not allowed to vote in nearly all U.S. elections, but some places outside of Idaho allow non-U.S. citizens to vote in local elections.) Sponsors: Rep. Jaron Crane, R-Nampa Status: Introduced, did not receive a hearing SUPPORT: YOU MAKE OUR WORK POSSIBLE

Legislative Notebook: Governor signs major bills – including one Idaho has already been sued over
Legislative Notebook: Governor signs major bills – including one Idaho has already been sued over

Yahoo

time29-03-2025

  • Politics
  • Yahoo

Legislative Notebook: Governor signs major bills – including one Idaho has already been sued over

Idaho Gov. Brad Little gives his annual State of the State address on Jan. 6, 2025, on the House floor at the Statehouse in Boise. (Pat Sutphin for the Idaho Capital Sun) In an effort to help Idahoans follow major bills, resolutions and memorials through the legislative process, the Idaho Capital Sun will produce a 'legislative notebook' at the end of each week to gather information in one place that concerns major happenings in the Legislature and other news relating to state government. To receive the full extent of our reporting in your inbox each day, sign up for our free email newsletter, The Sunrise, on our website at Here is our quick rundown of the major happenings during the 12th week of the Idaho Legislature's 2025 session. At 9:10 a.m. on Thursday, Idaho Gov. Brad Little signed into law House Bill 83, as amended. By early Thursday evening, a federal judge temporarily blocked the new immigration law from taking effect after the ACLU of Idaho sued the state – upholding its promise to do so from earlier in the 2025 legislative session. The bill allows law enforcement to record a person's documentation status if they are suspected of a crime. Modeled after a controversial 2023 Texas law, the legislation creates Idaho immigration crimes 'illegal entry' and 'illegal reentry,' targeting individuals who do not have proper immigration authorization and those who have already been deported from coming to Idaho. Law enforcement would only be able to convict someone of those crimes if they are suspected for a different crime. The law 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. The law grants immunity to law enforcement, meaning they are protected from lawsuits that could arise from the damages and liability they cause while enforcing the law. The ACLU and the multiple plaintiffs in the case say the law is unconstitutional in several ways, including violating the Supremacy Clause of the U.S. Constitution, which establishes that federal law overrides state law, including in immigration matters. Bill sponsors have said the bill's purpose is to curb unauthorized migration and prevent dangerous unauthorized immigrants from entering Idaho. However, ACLU of Idaho legal director Paul Carlos Southwick said the bill clearly does not just target criminals. 'You do not have to have any criminal conviction in order to be arrested, detained or prosecuted for these crimes,' he said in a press conference. 'Law enforcement merely needs suspicion that you have engaged in some kind of independent crime.' Because the bill had an emergency clause, it went into effect immediately after the governor signed it. The court's temporary restraining order issued Thursday evening will prevent the law's enforcement for 14 days. A preliminary injunction hearing in the case is scheduled at 10 a.m. April 10 at the federal courthouse in Boise. Little also signed into law a bill that cuts property taxes and bolsters school districts' bond issues and levies. Joined by Idaho Republican legislative leaders at a livestreamed news conference in a Boise neighborhood on Wednesday, Little signed House Bill 304. The new law reduces Idaho's state tax revenue by $100 million every year, shifting funds in two ways: It transfers $50 million to a state fund to reduce property taxes for Idaho homeowners. And it sends another $50 million to a state fund that helps pay off school districts' bond issues and levies. The bill is the third major tax cut bill the Idaho Legislature passed this year, totalling $403 million in annual reductions to Idaho's state revenue. House Bill 40 reduces the corporate and individual income tax rates from 5.695% to 5.3% and reduces state revenue by $253 million per year. When Little signed the bill, the governor's office described the bill as the largest income tax cut in state history. House Bill 231 increases the grocery tax credit used to offset the sales tax Idahoans pay on food to $155 per year. To increase the grocery tax credit, House Bill 231 reduces state revenue by $50 million every year. Another new law this year, House Bill 93, provides a refundable tax credit for education expenses for families, including tuition at private, religious schools. That bill reduces the state's revenue by $50 million – bringing total revenue reductions from those four bills to $453 million. Little also signed into law a bill to deregulate child care centers that the bill's sponsors said will help ease Idaho's child care shortage crisis. House Bill 243 loosens state-set minimum child-to-staff ratio standards. The bill also preempts local governments from having more stringent child care regulations than issued by the state. Idaho's existing child-to-staff ratios are the 41st lowest in the nation, compared to all 50 states and the District of Columbia, a report by Idaho Voices for Children found. In other words, Idaho's existing state-set child care standards let individual staffers care for more children at a given time than most states. The new law will leave Idaho with the 45th least stringent child-to-staff ratios in the nation, Idaho Voices for Children Executive Director Christine Tiddens previously told the Idaho Capital Sun. The law takes effect July 1. Little signed into law on Wednesday a bill to make people who sexually abuse young children in Idaho eligible for the death penalty. House Bill 380 will allow the death penalty in a new criminal charge the bill creates: aggravated lewd conduct with children age 12 and younger. The bill also would add mandatory minimum prison sentences for cases of aggravated lewd conduct with minors that don't meet the bill's proposed criteria for death penalty eligibility. The new crime would only apply to abuse of children age 16 and below. Little signed the bill Wednesday morning, according to the governor's office legislation tracker. He told the Idaho Capital Sun in a written statement that he signed the bill 'because heinous sex crimes against children destroy lives, and the perpetrators deserve the ultimate punishment.' The law takes effect July 1. Idaho will become the 41st state with a media shield law, which protects sources who provide confidential information or documents to journalists. Little signed House Bill 158 into law Thursday after it passed the full Legislature unanimously, following a rise in legal threats across the state that sought to force journalists to reveal their sources. Idaho is one of 10 states without a journalism shield law, according to the Reporters Committee for Freedom of the Press. The new law takes effect July 1. SUPPORT: YOU MAKE OUR WORK POSSIBLE House Bill 290: Sponsored by Rep. Dori Healey, R-Boise, the bill would transfer decision-making authority about vaccination requirements for children attending day cares and schools from the Department of Health and Welfare to the Idaho Legislature. The governor signed the bill Wednesday. Senate Bill 1046aa: Sponsored by Sen. Tammy Nichols, R-Middleton, and Rep. Heather Scott, R-Blanchard, the bill requires Idaho public schools to provide human growth and fetal development instruction via ultrasound video and computer-generated renderings for students in grades 5 through 12. The governor signed the bill Wednesday. ProgressRpt Senate State Affairs Committee House Bill 398: Sponsored by House Speaker Mike Moyle, R-Star, and Rep. Bruce Skaug, R-Nampa, the bill would update the state's lobbying laws by separating lobbying reporting from campaign finance reporting and increase the frequency of reporting by registered lobbyists during and outside legislative sessions. It also updates the definition of lobbying to spell out direct and indirect efforts to influence policymaking are considered lobbying. The bill is scheduled to receive a public hearing on Monday. Senate Bill 1186: Sponsored by Sen. Doug Okuniewicz, R-Hayden, the bill would require a political action committee, or PAC, that intends to make certain election expenditures to disclose direct and indirect individual contributors who give $1,000 or more to the Secretary of State's Office before that PAC can spend money to support or oppose a candidate in Idaho. The bill is scheduled to receive a public hearing on Monday. Senate Bill 1125: Sponsored by Sen. Dan Foreman, R-Moscow, and Rep. Vito Barbieri, R-Dalton Gardens, the bill would allow a local government that has been sued in federal court, in a case challenging the constitutionality of a state statute, to request assistance from the State of Idaho Constitutional Defense Council to respond to the constitutional challenge. The bill is scheduled to receive a public hearing on Monday. 'Water is the lifeblood of our state. Water is the lifeblood of my legislative district. There is no more urgent issue in the immediate term or in the medium term or in the long term to the state of Idaho than water. And in my view, House Bill 445 is one of the most important bills to come through this session. And I urge unity. I urge the state to join together on this issue for the betterment of Idaho and for the protection of Idaho water going forward.' — Rep. David Cannon, R-Blackfoot, while debating in favor of House Bill 445, which provides $30 million in new funding for water infrastructure projects across the state. The House voted 56-13 on Thursday to pass the bill, which provides the funding for the budget of the Idaho Department of Water Resources. It now heads to the Senate for consideration. How to follow the Idaho Legislature and Idaho Gov. Brad Little's work during the session Here are a few tools we use to track the Legislature's business and how to let your voice be heard in the issues that matter most to you. How to find your legislators: To determine which legislative district you live in, and to find contact information for your legislators within that district, go to the Legislative Services Office's website and put in your home address and ZIP code. Once you've entered that information, the three legislators – two House members and one senator – who represent your district will appear, and you can click on their headshots to find their email address and phone number. How to find committee agendas: Go to the Idaho Legislature's website, and click on the 'all available Senate committee agendas' link and the 'all available House committee agendas' link on the right side of the website. How to watch the legislative action in committees and on the House and Senate floors: Idaho Public Television works in conjunction with the Legislative Services Office and the Idaho Department of Administration through a program called 'Idaho in Session' to provide live streaming for all legislative committees and for the House and Senate floors. To watch the action, go to and select the stream you'd like to watch. How to testify remotely at public hearings before a committee: To sign up to testify remotely for a specific committee, navigate to that committee's webpage, and click on the 'testimony registration (remote and in person)' tab at the top. How to find state budget documents: Go to Legislative Services Office Budget and Policy Analysis Division's website How to track which bills have made it to Gov. Little's desk and any action he took on them (including vetoes): Go to the governor's website You can scroll down to the bottom of the site and enter your email address to get alerts sent straight to your inbox when the page has been updated. Reporting from Idaho Capital Sun journalists Clark Corbin, Mia Maldonado and Kyle Pfannenstiel contributed to this legislative notebook.

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