Idaho Introduces Bill to 'Strengthen' Blocked Immigration Law

The new bill aims to address constitutional concerns over the state's 2025 immigration crime law.

Feb. 5, 2026 at 2:55am

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Amid a lawsuit challenging Idaho's 2025 immigration crime law, a new bill has been introduced that attempts to address one of the main arguments against its constitutionality. The bill, proposed by Sen. Todd Lakey, R-Nampa, would change the definition of 'illegal entry' and add new 'affirmative defenses' to the law, which has been blocked from going into effect during an ongoing lawsuit.

Why it matters

Idaho's 2025 immigration law, known as House Bill 83, has faced legal challenges over the concept of 'preemption,' where federal law supersedes state law on immigration matters. The new bill is an effort by lawmakers to strengthen the state's legal position and connection to federal immigration laws, though some lawmakers have expressed concerns about the potential misuse of the proposed affirmative defenses.

The details

Lakey's bill would change the definition of 'illegal entry' to specify that the crime applies when an unauthorized person 'knowingly' enters the state, attempts to enter, or is present in the state after having entered the U.S. in violation of federal immigration crimes. The bill would also create new 'affirmative defenses,' allowing someone charged with the crime to argue that they had federal government permission to remain in the U.S. under various immigration laws and regulations.

  • The Idaho Legislature passed House Bill 83 in 2025, which included the state-level immigration crimes of 'illegal entry' and 'illegal re-entry' into Idaho.
  • The ACLU of Idaho immediately challenged the law, and a judge quickly blocked the 'illegal entry' and 'illegal reentry' portions from going into effect.
  • On January 23, 2026, a federal judge rejected Idaho Attorney General Raúl Labrador's motion to dismiss the case.

The players

Sen. Todd Lakey

A Republican state senator from Nampa, Idaho, who introduced the new bill to amend the state's 2025 immigration crime law.

ACLU of Idaho

The organization that filed the lawsuit challenging Idaho's 2025 immigration crime law on behalf of undocumented people and nonprofits that serve them.

Raúl Labrador

The Idaho Attorney General who filed a motion to dismiss the ACLU's lawsuit, which was rejected by a federal judge.

Judge Amanda Brailsford

The U.S. District of Idaho judge who rejected the state's motion to dismiss the ACLU's lawsuit challenging the 2025 immigration crime law.

Sen. Brian Lenney

A Republican state senator from Nampa, Idaho, who questioned the new affirmative defenses proposed in Lakey's bill.

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What they’re saying

“The issue we're always trying to navigate here is preemption.”

— Sen. Todd Lakey, R-Nampa

“I think something like this under the wrong (presidential) administration could be used the wrong way.”

— Sen. Brian Lenney, R-Nampa

“I may not want to strengthen your bill.”

— Senate Minority Leader Melissa Wintrow, D-Boise

What’s next

The new bill will now go through a full public hearing process before the Idaho Legislature.

The takeaway

Idaho's ongoing efforts to enact stricter immigration laws at the state level continue to face legal challenges over the concept of federal preemption, raising questions about the state's ability to enforce its own immigration policies in the face of federal authority.