Adds to existing law to establish provisions regarding the concealing, harboring, and shielding of aliens.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 764 BY WAYS AND MEANS COMMITTEE AN ACT1 RELATING TO CONCEALING, HARBORING, AND SHIELDING ALIENS; AMENDING TITLE 18,2 IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 92, TITLE 18, IDAHO CODE, TO3 ESTABLISH PROVISIONS REGARDING THE CONCEALING, HARBORING, AND SHIELD-4 ING OF ALIENS; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE5 DATE.6

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

SECTION 1. That Title 18, 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 92, Title 18, Idaho Code, and to read as follows:10 CHAPTER 9211 CONCEALING, HARBORING, AND SHIELDING ALIENS12 18-9201. DEFINITIONS. As used in this chapter:13 (1) "Alien" means any person not a citizen or national of the United14 States.15 (2) "Organization" is as defined in 8 U.S.C. 1101(a)(28), the immigra-16 tion and nationality act, including but not limited to an organization, cor-17 poration, company, partnership, association, trust, foundation, fund, or18 any director, officer, or agent thereof while serving in their official ca-19 pacity, and includes a sole proprietorship or group of persons, whether or20 not incorporated, permanently or temporarily associated together for joint21 action on any subject or subjects.22 18-9202. PROHIBITIONS. It shall be unlawful for an organization, or23 any director, officer, or agent thereof, in this state to do any of the fol-24 lowing:25 (1) Conceal, harbor, or shield from detection, attempt to conceal, har-26 bor, or shield from detection, or conspire to conceal, harbor, or shield from27 detection an illegal alien in any place in this state, including any build-28 ing or any means of transportation, if the organization, or any director,29 officer, or agent thereof, knows or recklessly disregards the fact that the30 alien has come to, has entered, or remains in the United States in viola-31 tion of federal law, including being an inadmissible alien. The provisions32 of this subsection shall be interpreted as being consistent with 8 U.S.C.33 1324(a)(1)(A);34 (2) Encourage, promote, coerce, or induce an alien to come to, enter,35 or reside in this state if the organization, or any director, officer, or36 agent thereof, knows or recklessly disregards the fact that such alien's37 coming to, entering, or residing in the United States is or will be in viola-38 tion of federal law, including being an inadmissible alien. The provisions39

2 of this subsection shall be interpreted as being consistent with 8 U.S.C.1 1324(a)(1)(A);2 (3) Transport, attempt to transport, or conspire to transport in3 this state an alien in furtherance of the unlawful presence of the alien in4 the United States if the organization, or any director, officer, or agent5 thereof, knows or recklessly disregards the fact that the alien has come to,6 entered, or remained in the United States in violation of federal law, in-7 cluding being an inadmissible alien. Conspiracy to be so transported shall8 be a violation of this subsection. The provisions of this subsection shall9 be interpreted as being consistent with 8 U.S.C. 1324(a)(1)(A); or10 (4) Provide, promote, or advertise shelter, financial support, or le-11 gal assistance to an alien in this state if the organization, or any direc-12 tor, officer, or agent thereof, knows or recklessly disregards the fact that13 such alien's coming to, entering, or residing in the United States is or will14 be in violation of federal law, including being an inadmissible alien.15 18-9203. PENALTIES. (1) Any organization, or any director, officer,16 or agent thereof, violating the provisions of section 18-9202, Idaho Code,17 shall be guilty of a misdemeanor for each unlawfully present alien whose il-18 legal presence in the United States and this state the organization, or any19 director, officer, or agent thereof, is facilitating or is attempting to fa-20 cilitate.21 (2) Any organization, or any director, officer, or agent thereof, vi-22 olating the provisions of section 18-9202, Idaho Code, shall be guilty of23 a felony when the violation involves five (5) or more aliens whose illegal24 presence in the United States and this state the organization, or any direc-25 tor, officer, or agent thereof, is facilitating or is attempting to facili-26 tate.27 (3) Any organization, or any director, officer, or agent thereof, with28 a prior conviction under section 18-9202, Idaho Code, who commits a subse-29 quent violation shall be guilty of a felony.30 (4)(a) Upon a finding of a first violation by a court of competent ju-31 risdiction that an organization, or any director, officer, or agent32 thereof, violated section 18-9202, Idaho Code, the court shall:33 (i) Direct the applicable state, county, or municipal governing34 body to revoke all business licenses and permits, if such exist,35 held by the organization throughout the state for a duration of36 one (1) year. Upon receipt of the order, and notwithstanding any37 other law, the appropriate agencies shall immediately revoke the38 licenses and permits held by the organization for a duration of one39 (1) year; and40 (ii) Impose a fine fixed by ordinance, not to exceed the sum of41 three thousand dollars ($3,000) for each offense and each unlaw-42 fully present alien aided by the organization, or any director,43 officer, or agent thereof.44 (b) For a subsequent violation by an organization, or any director, of-45 ficer, or agent thereof, the court shall direct the applicable state,46 county, or municipal governing body to permanently revoke all business47 licenses and permits, if such exist, held by the organization through-48 out the state. Upon receipt of the order, and notwithstanding any other49

3 law, the appropriate agencies shall immediately revoke the licenses and1 permits held by the organization.2 (5) Any conveyance, including any vessel, vehicle, or aircraft, that3 has been or is being used in the commission of a violation of section 18-9202,4 Idaho Code, and the gross proceeds received by any individual or organiza-5 tion using such conveyance to commit such a violation shall be subject to6 civil forfeiture pursuant to applicable state law.7 18-9204. EXCEPTIONS. (1) A law enforcement agency and its officers,8 employees, and staff operating in their official capacity, and any persons9 or organizations hired by a law enforcement agency, may securely transport10 an alien who is unlawfully present in the United States to any federal,11 state, or local detention or holding facility or to any other location re-12 quired to detain such alien or to facilitate transfer of the alien into13 federal custody.14 (2) Any person acting in his official capacity as a first responder or15 as a licensed medical professional may shelter, move, or transport an alien16 unlawfully present in the United States pursuant to state law when required17 to provide emergency services.18 (3) All Idaho state courts, including their staff, attorneys, and ap-19 pointed counsel, shall be exempt from the provisions of this chapter while20 performing official duties.21 18-9205. ENFORCEMENT. (1) In the enforcement of this chapter, an22 alien's immigration status shall be determined by verification of the23 alien's immigration status with the federal government pursuant to 8 U.S.C.24 1373(c).25 (2) Any record that relates to the immigration status of a person is26 admissible in any court of this state without further foundation or testi-27 mony from a custodian of records if the record is obtained from the federal28 government agency that is responsible for maintaining the record. A veri-29 fication of an alien's immigration status received from the federal govern-30 ment pursuant to 8 U.S.C. 1373(c) shall constitute proof of that alien's sta-31 tus. A court of this state shall consider only the federal government's ver-32 ification in determining whether an alien is lawfully present in the United33 States.34

SECTION 2. An emergency existing therefor, which emergency is hereby35 declared to exist, this act shall be in full force and effect on and after36 July 1, 2026.37