Concealing, Harboring, and Shielding Illegal Aliens (RS 32823)

Creates crimes & serious penalties (felonies, fines, license revocation, asset forfeiture) for organizations that knowingly/recklessly harbor, transport, or aid illegal aliens in Idaho. Strong potential to cut job/housing strains.

Bill Summary

RS32823 amends Title 18, Idaho Code, by adding Chapter 92 to prohibit organizations - including corporations, nonprofits, partnerships, trusts, foundations, and their directors, officers, or agents - from concealing, harboring, shielding, encouraging, transporting, or providing shelter, financial support, or legal assistance to illegal aliens. Violations use a "knows or recklessly disregards" standard consistent with federal law (8 U.S.C. 1324). Penalties include misdemeanors for violations involving 1-4 aliens ($3,000 fine per offense/alien, 1-year business license revocation), felonies for 5+ aliens or repeats (permanent revocation, civil forfeiture of conveyances/proceeds). Enforcement relies on federal immigration verification (8 U.S.C. 1373(c)); exceptions apply for law enforcement agencies and first responders providing emergency services.

Impact Statement

RS32823 creates new felony and misdemeanor exposure for any organization in Idaho that provides housing, transportation, financial aid, or legal assistance to undocumented immigrants. It mandates automatic statewide license revocation and asset forfeiture upon conviction, and requires state courts to rely exclusively on federal immigration status verification. The bill significantly increases legal risk for any organization - or its directors, officers, or agents - that knowingly or recklessly harbors, conceals, transports, encourages, or provides housing, financial support, or legal assistance to illegal aliens in Idaho. With strong enforcement teeth (felonies, permanent revocation, forfeiture), it has significant potential to reduce harboring that enables job competition and resource strains (~60,000 unauthorized immigrants, gross costs to Idaho ~$477M).

Idaho House Bill RS32823: Concealing, Harboring, and Shielding Aliens

AN ACT

RELATING TO CONCEALING, HARBORING, AND SHIELDING ALIENS; AMENDING TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW CHAPTER 92, TITLE 18, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING THE CONCEALING, HARBORING, AND SHIELDING OF ALIENS; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.

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

SECTION 1

That Title 18, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW CHAPTER, to be known and designated as Chapter 92, Title 18, Idaho Code, and to read as follows:

CHAPTER 92: CONCEALING, HARBORING, AND SHIELDING ALIENS

18-9201. DEFINITIONS

As used in this chapter:

(1) "Alien" means any person not a citizen or national of the United States.

(2) "Organization" is as defined in 8 U.S.C. 1101(a)(28), the immigration and nationality act, including but not limited to an organization, corporation, company, partnership, association, trust, foundation, fund, or any director, officer, or agent thereof, and includes a sole proprietorship or group of persons, whether or not incorporated, permanently or temporarily associated together for joint action on any subject or subjects.

18-9202. PROHIBITIONS

It shall be unlawful for an organization, or any director, officer, or agent thereof, in this state to do any of the following:

(1) Conceal, harbor, or shield from detection, attempt to conceal, harbor, or shield from detection, or conspire to conceal, harbor, or shield from detection an illegal alien in any place in this state, including any building or any means of transportation, if the organization, or any director, officer, or agent thereof, knows or recklessly disregards the fact that the alien has come to, has entered, or remains in the United States in violation of federal law, including being an inadmissible alien. The provisions of this subsection shall be interpreted as being consistent with 8 U.S.C. 1324(a)(1)(A);

(2) Encourage, promote, coerce, or induce an alien to come to, enter, or reside in this state if the organization, or any director, officer, or agent thereof, knows or recklessly disregards the fact that such alien's coming to, entering, or residing in the United States is or will be in violation of federal law, including being an inadmissible alien. The provisions of this subsection shall be interpreted as being consistent with 8 U.S.C. 1324(a)(1)(A);

(3) Transport, attempt to transport, or conspire to transport in this State an alien in furtherance of the unlawful presence of the alien in the United States if the organization, or any director, officer, or agent thereof, knows or recklessly disregards the fact that the alien has come to, entered, or remained in the United States in violation of federal law, including being an inadmissible alien. Conspiracy to be so transported shall be a violation of this subsection. The provisions of this subsection shall be interpreted as being consistent with 8 U.S.C. 1324(a)(1)(A); or

(4) Provide, promote, or advertise shelter, financial support, or legal assistance to an alien in this state if the organization, or any director, officer, or agent thereof, knows or recklessly disregards the fact that such alien's coming to, entering, or residing in the United States is or will be in violation of federal law, including being an inadmissible alien.

18-9203. PENALTIES

(1) Any organization, or any director, officer, or agent thereof, violating the provisions of section 18-9202, Idaho Code, shall be guilty of a misdemeanor for each unlawfully present alien whose illegal presence in the United States and this state the organization, or any director, officer, or agent thereof, is facilitating or is attempting to facilitate.

(2) Any organization, or any director, officer, or agent thereof, violating the provisions of section 18-9202, Idaho Code, shall be guilty of a felony when the violation involves five (5) or more aliens whose illegal presence in the United States and this state the organization, or any director, officer, or agent thereof, is facilitating or is attempting to facilitate.

(3) Any organization, or any director, officer, or agent thereof, with a prior conviction under section 18-9202, Idaho Code, who commits a subsequent violation shall be guilty of a felony.

(4) (a) Upon a finding of a first violation by a court of competent jurisdiction that an organization, or any director, officer, or agent thereof, violated section 18-9202, Idaho Code, the court shall:

(i) Direct the applicable state, county, or municipal governing body to revoke all business licenses and permits, if such exist, held by the organization throughout the state for a duration of one (1) year. Upon receipt of the order, and notwithstanding any other law, the appropriate agencies shall immediately revoke the licenses and permits held by the organization for a duration of one (1) year; and

(ii) Impose a fine fixed by ordinance, not to exceed the sum of three thousand dollars ($3,000) for each offense and each unlawfully present alien aided by the organization, or any director, officer, or agent thereof.

(b) For a subsequent violation by an organization, or any director, officer, or agent thereof, the court shall direct the applicable state, county, or municipal governing body to permanently revoke all business licenses and permits, if such exist, held by the organization throughout the state. Upon receipt of the order, and notwithstanding any other law, the appropriate agencies shall immediately revoke the licenses and permits held by the organization.

(5) Any conveyance, including any vessel, vehicle, or aircraft, that has been or is being used in the commission of a violation of section 18-9202, Idaho Code, and the gross proceeds received by any individual or organization using such conveyance to commit such a violation shall be subject to civil forfeiture pursuant to applicable state law.

18-9204. EXCEPTIONS

(1) A law enforcement agency and its officers, employees, and staff, and any persons or organizations hired by a law enforcement agency, may securely transport an alien who is unlawfully present in the United States to any federal, state, or local detention or holding facility or to any other location required to detain such alien or to facilitate transfer of the alien into federal custody.

(2) Any person acting in his official capacity as a first responder may shelter, move, or transport an alien unlawfully present in the United States pursuant to state law when required to provide emergency services.

18-9205. ENFORCEMENT

(1) In the enforcement of this chapter, an alien's immigration status shall be determined by verification of the alien's immigration status with the federal government pursuant to 8 U.S.C. 1373(c).

(2) Any record that relates to the immigration status of a person is admissible in any court of this state without further foundation or testimony from a custodian of records if the record is obtained from the federal government agency that is responsible for maintaining the record. A verification of an alien's immigration status received from the federal government pursuant to 8 U.S.C. 1373(c) shall constitute proof of that alien's status. A court of this state shall consider only the federal government's verification in determining whether an alien is lawfully present in the United States.

SECTION 2

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.

How Secure Idaho Scored this Bill

We created a scorecard to quickly show how well each bill protects Idaho's sovereignty, jobs, families, limited government, and the freedom of Idaho citizens -priorities that match what 80% of Idahoans tell us in surveys: unchecked immigration threatens our resources, wages, and values. Yet, special interests like BigAg and the Idaho Association of Commerce & Industry (IACI) often block enforcement to prioritize cheap labor over voter priorities. Our scoring flips this by building pressure through data, tracking, and county-level mobilization ahead of the 2026 session. Here's the basic system in plain English:

1) Category Criteria and Scores: Alignment with Secure Idaho's Vision

We evaluate bills against 9 key categories that embody Idaho's core values: State Sovereignty (securing independence from federal encroachment), State Culture (protecting moral values and community cohesion), Constitutional Principles (upholding separation of powers), Government Accountability (ensuring transparency), Government Size (limiting government), Government Efficiency (fighting waste), Family Success (prioritizing families), Small Business Success (supporting the American Dream), and Individual Liberty (safeguarding personal freedoms).

For each category, we ask targeted sub-questions based on bill text, data, and potential impacts:

  • Does it strengthen/enhance/improve the goal? → +1 point

  • Does it diminish/undermine/hurt the goal? → -1 point

  • Neutral or no effect? → 0 points

We average the sub-questions per category (equal weighting), then sum the 9 averages for an Overall Raw score (-9 to +9). This is converted to a 0–100 Secure Idaho Alignment Score: (Raw + 9) ÷ 18 × 100. Higher scores mean stronger alignment with protecting Idaho from unchecked immigration strains.

2) Impact Rating: The 5 Levels of Real-World Effect

Beyond alignment, we rate the bill's potential impact on a 1–5 scale, considering scope (statewide vs. limited), enforcement (penalties vs. voluntary), projected effects (e.g., reducing job/housing/welfare strains per data), blockability (vulnerable to BigAg amendments/exemptions), and precedent.

  • 1: Symbolic/Minimal (e.g., resolutions, studies - no enforcement; limited to one program/county; no teeth; easily blocked; minimal precedent). Low pressure on special interests.

  • 2: Narrow/Limited (e.g., one-sector restrictions; easy exemptions; voluntary compliance; some data tracking but weak follow-through; moderate block risk). Incremental but not transformative.

  • 3: Moderate (e.g., partial mandates with penalties; metrics for review; affects multiple sectors but with gaps; builds some precedent; medium risk of weakening). Builds momentum for county mobilization.

  • 4: Significant (e.g., statewide mandates with real penalties; direct protections for jobs/resources; hard to exempt; strong data-driven effects; counters BigAg influence). High advocacy value.

  • 5: Transformative (e.g., full E-Verify/sanctuary bans; blocks federal/H-2A overreach systemically; robust enforcement; statewide scope; sets major precedent for 2026 flips). Game-changer for sovereignty.

This rating ensures we prioritize bills with teeth over feel-good measures.

3) Bill Tier: How Alignment + Impact Determine Priority and Legislator Impact

We combine the Alignment Score (0–100) and Impact Rating (1–5) to assign a Tier (1–3), which sets a multiplier for how much the bill affects legislator scores on our dashboard. Higher alignment + higher impact = higher tier. For example: Strong alignment (80+) with transformative impact (5) might earn Tier 1; moderate alignment (50–69) with narrow impact (2) might be Tier 3.

  • Tier 1 (Multiplier: 4x – High Impact): Top priority—strong alignment, significant/transformative effects. These bills (e.g., mandatory E-Verify) heavily influence legislator scores; supporting them boosts a rep's grade, while blocking tanks it. We rally hard (petitions, rallies, county task force posts).

  • Tier 2 (Multiplier: 2.5x – Medium Impact): Solid alignment, moderate/significant effects. Worth backing but monitored for amendments (e.g., sanctuary bans). Medium weight on scores—encourages flips without overwhelming.

  • Tier 3 (Multiplier: 1.5x – Limited Impact): Weaker alignment or lower impact (e.g., studies or partial restrictions). Low weight on legislator scores—doesn't make or break a grade but tracks patterns (e.g., repeated BigAg ties). We watch/expose rather than lead advocacy.

  • Tier 4 (1x multiplier – Minimal Impact): Low alignment + symbolic/narrow impact. Mostly feel-good or toothless measures that don’t meaningfully protect Idahoans from immigration strains. Minimal or no weight on legislator scores - we note them for patterns but focus energy elsewhere (e.g., stronger bills).

Why tiers matter: They ensure high-stakes bills count more toward legislator accountability. A vote on a Tier 1 bill could swing a score by 40–80 points; Tier 3 by just 15–30. This pressures reps to prioritize voter demands over lobby donors (see our Follow the Money dashboard for BigAg PAC ties).

RS32823 scores 78 because it strongly supports sovereignty, community protection, and reducing unfair job competition, with real penalties for organizations that enable illegal presence. It isn't perfect (some categories are neutral), and it could be weakened by BigAg/NGO amendments but overall, it's one of the stronger enforcement bills this session. Impact Rating = 4 (significant statewide mandates with penalties, reduces job competition, but blockable by BigAg/NGOs). Tier = 2 (2.5x multiplier).

Want the full breakdown? Scroll down for the category table (every sub-question, score, average), impact notes, and tier rationale.