Federal Judge blocks the execution of Idaho’s new immigration enforcement law
Seth Ratliff
BOISE, Idaho (KIFI)—On Tuesday, a federal judge granted a preliminary injunction in IORC v. Labrador, which blocks the enforcement of Idaho’s new immigration law.
This comes after the American Civil Liberties Union (ACLU) of Idaho sued the state over the passage of House Bill 83.
House Bill 83 provides for two offenses: First, a misdemeanor charge for “illegal entry,” and second, “illegal reentry,” which would be a felony offense.
The legislation requires law enforcement to focus on illegal immigrants who are detained, investigated, or suspected of criminal activity, through which officers would record the documentation status of individuals arrested throughout their police work.
The 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 are pleased the court recognized that enforcement of this law is harmful and unconstitutional,” said Emily Croston, ACLU of Idaho Staff Attorney, in a press release. “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 news comes after two temporary restraining orders, which blocked the enforcement of the new law. The preliminary injunction applies statewide and covers everyone who would have been at risk of prosecution for the entry and reentry crimes.
