BOISE, ID – Legislation here that would prohibit “illegal entry into, or illegal presence” in Idaho “by a person who is an alien from a foreign nation” was blocked by a judge virtually minutes after it was signed into law by the Idaho governor, according to CBS2.
CBS2 reported HB 83 would also prohibit “re-entry into Idaho after deportation, facilitates cooperation between Idaho law enforcement and federal immigration authorities, prohibits trafficking a dangerous illegal alien in Idaho, and provides for enhanced criminal sentences for illegal aliens committing dangerous crimes in Idaho.”
The judge granted a temporary restraining order that blocked enforcement of this law while it is being litigated in court, added CBS2, noting ACLU of Idaho Legal Director Paul Carlos Southwick, said, “The state of Idaho cannot enforce this unconstitutional law.”
Southwick added, noted CBS2, “Every other court to have considered similar laws, including conservative federal appellate courts, have stopped laws like this one from going into effect.”
The ACLU, before the bill’s signing by governor, stated similar legislation has previously been struck as unconstitutional in other states, even conservative states, where courts have ruled that the power of deportation and handling of illegal immigration and immigrants is a federal, not a state power, reported CBS2.
The ACLU filed for an immediate injunction after the governor signed HB 83, and was granted the TRO, according to CBS2.
