Adds to existing law to establish provisions regarding an audit of the resettlement of refugees and to establish provisions regarding the immigration status and nationality of arrested individuals.

LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 IN THE SENATE SENATE BILL NO. 1442 BY STATE AFFAIRS COMMITTEE AN ACT1 RELATING TO THE IDAHO REFUGEE AND ILLEGAL ALIEN ACCOUNTABILITY ACT; PROVID-2 ING A SHORT TITLE; AMENDING CHAPTER 4, TITLE 67, IDAHO CODE, BY THE AD-3 DITION OF A NEW SECTION 67-467, IDAHO CODE, TO ESTABLISH PROVISIONS RE-4 GARDING AN AUDIT OF THE RESETTLEMENT OF REFUGEES; AMENDING CHAPTER 30,5 TITLE 67, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 67-3015, IDAHO6 CODE, TO ESTABLISH PROVISIONS REGARDING THE IMMIGRATION STATUS AND NA-7 TIONALITY OF ARRESTED INDIVIDUALS; AND DECLARING AN EMERGENCY AND PRO-8 VIDING AN EFFECTIVE DATE.9

Be It Enacted by the Legislature of the State of Idaho:10

SECTION 1. SHORT TITLE. This act shall be known and may be cited as the11 "Idaho Refugee and Illegal Alien Accountability Act."12

SECTION 2. That Chapter 4, Title 67, Idaho Code, be, and the same is13 hereby amended by the addition thereto of a NEW SECTION, to be known and des-14 ignated as Section 67-467, Idaho Code, and to read as follows:15 67-467. AUDIT OF REFUGEE RESETTLEMENT. (1) As used in this section:16 (a) "Entity" means any corporation and foreign corporation; business17 corporation and foreign business corporation; for-profit and nonprofit18 unincorporated association; corporation sole; business trust, estate,19 partnership, trust, and two (2) or more persons having a joint or common20 economic interest; and a state, the United States, and a foreign govern-21 ment.22 (b) "Illegal alien" means a person who is not lawfully present in the23 United States.24 (c) "Refugee" is as defined in 8 U.S.C. 1101(42).25 (d) "Resettlement services" means any service provided by an entity26 that entered into a grant, contract, or cooperative agreement with the27 United States department of state or other appropriate federal agency28 to provide for the reception and initial placement of refugees in the29 United States.30 (2) Any entity incorporated under the laws of the state of Idaho pro-31 viding resettlement services for refugees shall provide the legislature an32 annual audit of such services in accordance with the provisions of sections33 67-466 and 67-705, Idaho Code.34 (3) Such audit shall detail the following:35 (a) The total number of refugees served;36 (b) The nationality and gender of refugees served;37 (c) The language abilities of refugees served;38 (d) The successful rate of participation in language remediation pro-39 gramming for refugees served;40 (e) The counties and municipalities where refugees served are housed;41

2 (f) The housing units taken by refugees served; and1 (g) The vital statistics, including the rates of communicable disease,2 among refugees served.3 (4) Any entity incorporated under the laws of the state of Idaho pro-4 viding resettlement services for refugees is prohibited from harboring or5 concealing an illegal alien, transporting an illegal alien in furtherance of6 remaining unlawfully in the United States, or encouraging or inducing an il-7 legal alien to remain in the United States unlawfully.8 (5) Any entity providing refugee resettlement services to illegal9 aliens shall account for the names and identifying demographics of such10 aliens for the purposes of providing a catalog of names that may be matched11 against federal immigration databases at the department of homeland secu-12 rity, department of health and human services, and department of state.13

SECTION 3. That Chapter 30, Title 67, Idaho Code, be, and the same is14 hereby amended by the addition thereto of a NEW SECTION, to be known and des-15 ignated as Section 67-3015, Idaho Code, and to read as follows:16 67-3015. IMMIGRATION STATUS AND NATIONALITY OF ARRESTED INDIVIDU-17 ALS. (1) As used in this section:18 (a) "Administration of criminal justice" means performance of any19 of the following activities: detection, apprehension, detention,20 pretrial release, post-trial release, prosecution, adjudication,21 correctional supervision, or rehabilitation of accused persons or22 criminal offenders. The administration of criminal justice shall in-23 clude criminal identification activities and the collection, storage,24 and dissemination of criminal history record information.25 (b) "Arrest" is as defined in section 19-601, Idaho Code.26 (c) "Illegal alien" means a person who is not lawfully present in the27 United States.28 (d) "Immigration status" means a person's legal right to be in the29 United States or lack thereof.30 (e) "Law enforcement agency" means any law enforcement agency of the31 state or any political subdivision of the state, including the Idaho32 state police and any municipal police department or county sheriff's33 office.34 (2) In the performance of the administration of criminal justice, all35 law enforcement agencies shall, consistent with the provisions of section36 18-9008, Idaho Code, verify and record the immigration status and national-37 ity of any arrested individual.38 (3) No later than October 1, 2026, each local, county, and state law39 enforcement agency shall record and publish a biannual report containing:40 the immigration status and nationality of persons arrested; crime statis-41 tics related to illegal aliens arrested in Idaho, including the number of42 illegal aliens investigated, apprehended, detained, and transferred to fed-43 eral officials; the crimes for which such persons were arrested, if any; and44 any reason for noncompliance with the provisions of this section, if appli-45 cable.46 (4) Local, county, and state law enforcement agencies that fail to47 comply with the provisions of this section may be subject to withholding of48 state funding.49

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SECTION 4. An emergency existing therefor, which emergency is hereby1 declared to exist, this act shall be in full force and effect on and after2 July 1, 2026.3