Federal Judge Rejects Idaho's Bid to Dismiss Lawsuit Over Immigration Law

The legal battle against House Bill 83 will continue with most of the arguments against its constitutionality intact.

Jan. 27, 2026 at 9:15pm

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A federal judge in Idaho largely rejected the state's attempts to dismiss a lawsuit challenging a 2025 state immigration law, House Bill 83. The law created new state-level immigration crimes of 'illegal entry' and 'illegal re-entry'. The ACLU of Idaho filed the lawsuit arguing the crimes are unconstitutional, and the judge ruled that most of the ACLU's claims can proceed, although she dismissed one challenge related to the Commerce Clause.

Why it matters

This ruling allows the legal battle over Idaho's controversial immigration enforcement law to continue, with the court set to evaluate whether the law is overly vague and whether it improperly supersedes federal authority over immigration matters. The outcome could have significant implications for immigration policy and enforcement in the state.

The details

U.S. District of Idaho Judge Amanda Brailsford rejected most of the state's attempts to dismiss the ACLU's lawsuit challenging House Bill 83. The law, signed by Gov. Brad Little in 2025, created new state-level crimes targeting those who aren't authorized to live in the U.S. and who enter or re-enter Idaho. The ACLU argued the crimes are unconstitutional, but the judge dismissed only one of their claims - that the law violates the Commerce Clause. The court will now evaluate whether the law is overly vague and whether it improperly supersedes federal immigration authority.

  • House Bill 83 was approved by the Idaho Legislature and signed by Gov. Brad Little in 2025.
  • The ACLU of Idaho filed the lawsuit challenging the law in March 2026.
  • On January 23, 2026, Judge Brailsford ruled on the state's motions to dismiss the lawsuit.

The players

ACLU of Idaho

The American Civil Liberties Union chapter in Idaho that filed the lawsuit challenging House Bill 83.

Raúl Labrador

The Idaho Attorney General who filed court documents asking the judge to dismiss the ACLU's lawsuit.

Amanda Brailsford

The U.S. District of Idaho judge who largely rejected the state's attempts to dismiss the ACLU's lawsuit.

Brad Little

The Governor of Idaho who signed House Bill 83 into law in 2025.

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What they’re saying

“This characterization of Illegal Entry, however, ignores the statute's plain language, which provides that an alien commits Illegal Entry if he 'enters or attempts to enter this state at any location other than a lawful port of entry.'”

— Judge Amanda Brailsford, U.S. District of Idaho Judge

What’s next

As the lawsuit moves forward, the court will evaluate whether the law is overly vague and whether it supersedes federal authority over immigration matters.

The takeaway

This ruling allows the legal challenge to Idaho's controversial immigration enforcement law to proceed, setting the stage for a potentially significant court battle over the law's constitutionality and its implications for immigration policy in the state.