Idaho Code 19-6102 – Local Government Policy Regarding Immigration Enforcement
Current as of: 2023 | Check for updates
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(1) A governmental entity shall not adopt, enforce, or endorse a policy under which the entity prohibits or discourages the enforcement of immigration laws.
(2) In compliance with subsection (1) of this section, a governmental entity shall not prohibit or discourage a person who is a commissioned peace officer, a corrections officer, a booking clerk, a magistrate, or a prosecuting attorney, and who is employed by or otherwise under the direction or control of the entity, from doing any of the following:
(a) Inquiring into the immigration status of a person under a lawful detention or under arrest;
(b) With respect to information relating to the immigration status, lawful or unlawful, of any person under a lawful detention or under arrest:
(i) Sending the information to, or requesting or receiving the information from, United States citizenship and immigration services or United States immigration and customs enforcement, including information regarding a person’s place of birth;
(ii) Maintaining the information; or
(iii) Exchanging the information with another governmental entity, including a federal or state governmental entity;
(c) Assisting or cooperating with a federal immigration officer as reasonable or necessary, including providing enforcement assistance; or
(d) Permitting a federal immigration officer to enter and conduct enforcement activities at a municipal or county jail to enforce federal immigration laws.
Terms Used In Idaho Code 19-6102
- Arrest: Taking physical custody of a person by lawful authority.
- person: includes a corporation as well as a natural person;
Idaho Code 73-114State: when applied to the different parts of the United States, includes the District of Columbia and the territories; and the words "United States" may include the District of Columbia and territories. See Idaho Code 73-114