Your Guide to Idaho's Laws on Local Law Enforcement & ICE Collaboration
Exploring the state laws, 287(g) agreements, and ongoing legal debates shaping how local police work with federal immigration authorities
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Boise, ID – The nature of cooperation between local law enforcement agencies and federal U.S. Immigration and Customs Enforcement (ICE) in Idaho is a subject of ongoing legal and political discussion. While the state generally leans towards collaboration, recent legislative efforts and existing agreements paint a complex picture, marked by both strong initiatives for cooperation and significant legal challenges.
Legislative Framework and Recent Controversies
Idaho has actively sought to define and, in many respects, mandate cooperation between its local law enforcement and ICE. A key piece of recent legislation, House Bill 83 (HB 83), also known as the "Immigration Cooperation and Enforcement Act," underscores this approach. Signed into law in early 2025, HB 83 aimed to, among other things, require local law enforcement to cooperate with federal immigration authorities, honor immigration detainer requests under certain conditions, and create state-level offenses related to illegal immigration.
However, HB 83 immediately faced legal challenges. Portions of the law, particularly those creating new state immigration crimes, were quickly met with lawsuits and temporary restraining orders from federal courts. Critics, including the ACLU of Idaho, argue these provisions are unconstitutional, infringing upon the federal government's exclusive authority over immigration matters and potentially leading to racial profiling. As of mid-2025, litigation continues, leaving the full scope of HB 83's impact uncertain. Despite the legal hurdles, the passage of HB 83 signals a clear legislative intent to foster robust cooperation.
287(g) Agreements and Executive Encouragement
Beyond state-level legislation, Idaho's approach to ICE cooperation is also characterized by the use of 287(g) agreements. This federal program allows ICE to delegate certain immigration enforcement authorities to trained state and local law enforcement officers. Governor Brad Little has publicly encouraged local jurisdictions to enter into such agreements.
Owyhee County stands out as a recent example, having entered into a 287(g) agreement that allows designated deputies to be trained to perform certain ICE functions, effectively acting as a "force multiplier" for federal immigration enforcement. Other Idaho counties have existing agreements focused on holding individuals detained by ICE in local jails. These agreements represent a direct and formal mechanism for local law enforcement to actively participate in federal immigration enforcement activities.
No Sanctuary for Non-Cooperation
Reinforcing its cooperative stance, Idaho has a statewide ban on "sanctuary cities." This prohibition prevents municipalities from enacting policies that would limit cooperation with federal immigration authorities or refuse to share information about individuals' immigration status. This overarching policy further solidifies the expectation that local law enforcement will assist federal immigration efforts.
Practical Realities and Ongoing Debate
Even without formal 287(g) agreements or the full implementation of HB 83, reports indicate instances of informal cooperation and information sharing between local police departments and ICE in various parts of Idaho. This can include notifying ICE when suspected undocumented individuals are encountered during routine law enforcement activities.
The debate surrounding the extent and nature of this cooperation remains active. Proponents argue that such collaboration is vital for public safety and upholding federal law. Conversely, opponents raise concerns about the potential for civil rights violations, the erosion of trust between immigrant communities and local police, and the financial and logistical burdens placed on local agencies.
In conclusion, Idaho defines its cooperation with ICE through a combination of state legislation mandating assistance, active participation in federal programs like 287(g), a prohibition on sanctuary policies, and a general environment that encourages collaboration. However, ongoing legal challenges to new state laws highlight the contentious nature of this issue and the complexities involved in delineating state and federal roles in immigration enforcement.
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