Adds to existing law to establish provisions prohibiting the unlawful employment of unauthorized aliens.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 700 BY BUSINESS COMMITTEE AN ACT1 RELATING TO THE UNLAWFUL EMPLOYMENT OF UNAUTHORIZED ALIENS; AMENDING TITLE2 44, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 28, TITLE 44, IDAHO3 CODE, TO ESTABLISH PROVISIONS PROHIBITING THE UNLAWFUL EMPLOYMENT OF4 UNAUTHORIZED ALIENS; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFEC-5 TIVE DATE.6

Be It Enacted by the Legislature of the State of Idaho:7

SECTION 1. That Title 44, Idaho Code, be, and the same is hereby amended8 by the addition thereto of a NEW CHAPTER, to be known and designated as Chap-9 ter 28, Title 44, Idaho Code, and to read as follows:10 CHAPTER 2811 UNLAWFUL EMPLOYMENT OF UNAUTHORIZED ALIENS12 44-2801. UNLAWFUL EMPLOYMENT OF UNAUTHORIZED ALIENS. (1) It shall be13 unlawful for any employer; any person acting as an agent for an employer; any14 person who, for a fee, refers an alien for employment; or any officer, agent,15 or representative of a labor organization to knowingly employ, continue to16 employ, rehire, recruit, or refer for employment in this state any alien who17 is not lawfully present in the United States or whose immigration status does18 not authorize employment under federal law. A violation of the provisions of19 this subsection shall be a misdemeanor.20 (2) For purposes of this section, an alien shall be deemed unauthorized21 for employment if the alien:22 (a) Is not lawfully present in the United States;23 (b) Lacks a valid, unexpired federal immigration status that indepen-24 dently authorizes employment; or25 (c) Previously held employment authorization that was based on an un-26 derlying immigration status that has expired, been terminated, or been27 revoked.28 (3) An employer who, after hiring an alien, knows or reasonably should29 know that the alien's lawful immigration status or employment authorization30 has expired, been revoked, or otherwise ceased shall not continue to employ31 such alien.32 (4)(a) An employer, or agent thereof, shall not be subject to criminal33 liability pursuant to the provisions of this section with respect to a34 specific employee if, prior to the commencement of employment:35 (i) The employer verified the employee's identity and employment36 eligibility through the federal e-verify program or any successor37 program designated by the United States department of homeland se-38 curity; and39 (ii) The verification process resulted in a confirmation of em-40 ployment authorization.41

2 (b) Compliance with e-verify in good faith shall constitute an affirma-1 tive defense to prosecution pursuant to this section.2 (5) As used in this section, "employer," "employment," "knowingly,"3 and "unauthorized alien" shall be construed with 8 U.S.C. 1324a.4

SECTION 2. An emergency existing therefor, which emergency is hereby5 declared to exist, this act shall be in full force and effect on and after6 July 1, 2026.7