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.
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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.
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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.
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