Struck = removed from the bill ยท
added = the amendment's new text.
LEGISLATURE OF THE STATE OF IDAHO Sixty-eighth Legislature Second Regular Session - 2026 Moved by Anthon Seconded by Den Hartog IN THE SENATE SENATE BILLAMENDMENT NO.TO S.B.
1442,NO. As Amended BY STATE AFFAIRS COMMITTEE AN ACT RELATING TO THE IDAHO REFUGEE AND ILLEGAL ALIEN ACCOUNTABILITY ACT;
PROVID-1442 INGAMENDMENT ATO SHORTSECTION TITLE;3 On page 2 of the printed bill, in line 40, delete "record and publish" and insert:
AMENDING"file CHAPTERwith 4,the TITLEstate 67,controller"; IDAHO CODE, BY THE AD- DITION OF A NEW SECTION 67-467, IDAHO CODE, TO ESTABLISH PROVISIONS RE- GARDING AN AUDIT OF THE RESETTLEMENT OF REFUGEES;
AMENDINGin CHAPTERline 30,43, TITLEdelete 67,"investi- IDAHOgated, CODE,apprehended, BYdetained, THEand"; ADDITION OF A NEW SECTION 67-3015, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING THE IMMIGRATION STATUS AND NA- TIONALITY OF ARRESTED INDIVIDUALS;
ANDin DECLARINGline AN46, EMERGENCYfollowing AND"cable." PRO-insert: VIDING AN EFFECTIVE DATE.
Be"The Itstate Enactedcontroller byshall themake Legislaturesuch ofreport available for inspection at all times on the Statewebsite of Idaho:the state controller.";
SECTIONand 1.delete lines 47 through 49, and insert:
SHORT"(4) TITLE.If the attorney general determines that a local, county, or state law enforcement agency is not in compliance with the provisions of this sec- tion, he shall notify such agency of its noncompliance and that it has thirty (30) days to cure the violation.
ThisIf actthe shalllaw beenforcement knownagency andfails mayto becure citedits asnoncompliance within thirty (30) days, the "Idahoattorney Refugeegeneral may seek injunctive relief against the agency, and Illegalthe Alienagency Accountabilitymay Act."be SECTIONsubject 2.to the withholding of state funding by the legislature.".
That Chapter 4, Title 67, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION , to be known and des- ignated as Section 67-467, Idaho Code, and to read as follows:
67-467.
AUDIT OF REFUGEE RESETTLEMENT.
(1) As used in this section:
(a) "Entity" means any corporation and foreign corporation;
business corporation and foreign business corporation;
for-profit and nonprofit unincorporated association;
corporation sole;
business trust, estate, partnership, trust, and two (2) or more persons having a joint or common economic interest;
and a state, the United States, and a foreign govern- ment.
(b) "Illegal alien" means a person who is not lawfully present in the United States.
(c) "Refugee" is as defined in 8 U.S.C.
1101(42).
(d) "Resettlement services" means any service provided by an entity that entered into a grant, contract, or cooperative agreement with the United States department of state or other appropriate federal agency to provide for the reception and initial placement of refugees in the United States.
(2) Any entity incorporated under the laws of the state of Idaho pro- viding resettlement services for refugees shall provide the legislature an annual audit of such services in accordance with the provisions of sections 67-466 and 67-705, Idaho Code.
(3) Such audit shall detail the following:
(a) The total number of refugees served;
(b) The nationality and gender of refugees served;
(c) The language abilities of refugees served;
(d) The successful rate of participation in language remediation pro- gramming for refugees served;
(e) The counties and municipalities where refugees served are housed;
(f) The housing units taken by refugees served;
and (g) The vital statistics, including the rates of communicable disease, among refugees served.
(4) Any entity incorporated under the laws of the state of Idaho pro- viding resettlement services for refugees is prohibited from harboring or concealing an illegal alien, transporting an illegal alien in furtherance of remaining unlawfully in the United States, or encouraging or inducing an il- legal alien to remain in the United States unlawfully.
(5) Any entity providing refugee resettlement services to illegal aliens shall account for the names and identifying demographics of such aliens for the purposes of providing a catalog of names that may be matched against federal immigration databases at the department of homeland secu- rity, department of health and human services, and department of state.
SECTION 3.
That Chapter 30, Title 67, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION , to be known and des- ignated as Section 67-3015, Idaho Code, and to read as follows:
67-3015.
IMMIGRATION STATUS AND NATIONALITY OF ARRESTED INDIVIDU- ALS.
(1) As used in this section:
(a) "Administration of criminal justice" means performance of any of the following activities:
detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders.
The administration of criminal justice shall in- clude criminal identification activities and the collection, storage, and dissemination of criminal history record information.
(b) "Arrest" is as defined in section 19-601, Idaho Code.
(c) "Illegal alien" means a person who is not lawfully present in the United States.
(d) "Immigration status" means a person's legal right to be in the United States or lack thereof.
(e) "Law enforcement agency" means any law enforcement agency of the state or any political subdivision of the state, including the Idaho state police and any municipal police department or county sheriff's office.
(2) In the performance of the administration of criminal justice, all law enforcement agencies shall, consistent with the provisions of section 18-9008, Idaho Code, verify and record the immigration status and national- ity of any arrested individual.
(3) No later than October 1, 2026, each local, county, and state law en- forcement agency shall file with the state controller a biannual report con- taining:
the immigration status and nationality of persons arrested;
crime statistics related to illegal aliens arrested in Idaho, including the num- ber of illegal aliens transferred to federal officials;
the crimes for which such persons were arrested, if any;
and any reason for noncompliance with the provisions of this section, if applicable.
The state controller shall make such report available for inspection at all times on the website of the state controller.
(4) If the attorney general determines that a local, county, or state law enforcement agency is not in compliance with the provisions of this sec- tion, he shall notify such agency of its noncompliance and that it has thirty (30) days to cure the violation.
If the law enforcement agency fails to cure its noncompliance within thirty (30) days, the attorney general may seek injunctive relief against the agency, and the agency may be subject to the withholding of state funding by the legislature.
SECTION 4.
An emergency existing therefor, which emergency is hereby declared to exist, this act shall be in full force and effect on and after July 1, 2026.