NEUTRAL

SB 1260 — Immigration Cooperation and Enforcement Act

Clarifying Idaho’s Criminal Immigration Statutes While Narrowing Enforcement Scope

Maintains Idaho’s criminal penalties for illegal entry and illegal reentry

Limits enforcement to individuals already detained for an independent crime

Aligns statutory language more closely with federal immigration law

Expands affirmative defenses tied to federal immigration determinations

Bars deferred adjudication for unlawful reentry convictions

Stabilizes existing law but does not expand enforcement authority

Visual Bill Tracker

Introduced by Senator Todd Lakey

Awaiting Committee Hearing Senate Judiciary and Rules

Bill Summary

SB 1260 amends Idaho’s Immigration Cooperation and Enforcement Act to modify the state’s criminal statutes related to illegal entry and illegal reentry.

The bill preserves existing criminal penalties but narrows enforcement by requiring that an individual first be detained or investigated for an independent criminal offense under Idaho law. It aligns portions of Idaho statute more closely with federal immigration law and clarifies affirmative defenses tied to federal immigration determinations.

SB 1260 does not create new immigration enforcement authority, expand employment enforcement, or restrict public benefits. Instead, it restructures existing criminal provisions with the stated goal of improving constitutional durability and reducing litigation risk.

Impact

  • Preserves illegal entry and reentry as criminal offenses under Idaho law

  • Clarifies enforcement triggers and affirmative defenses

  • May improve survivability against federal preemption challenges

  • Maintains an existing statutory framework for future legislative action

Limitations

  • Does not expand standalone state enforcement authority

  • Requires an independent criminal offense before immigration charges apply

  • Relies on federal verification of immigration status

  • Does not address workforce enforcement, E-Verify, or benefit eligibility

SB 1260 is primarily a stabilization measure rather than a comprehensive enforcement reform.

Position

Secure Idaho is neutral on SB 1260.

SB 1260 preserves Idaho’s existing criminal immigration statutes while narrowing enforcement scope and increasing reliance on federal determinations.

Because the bill maintains current law but does not materially expand enforcement authority or citizen protections, Secure Idaho takes a neutral position.

SB 1260: Immigration Cooperation and Enforcement Act

LEGISLATURE OF THE STATE OF IDAHO
Sixty-eighth Legislature, Second Regular Session – 2026

IN THE SENATE
SENATE BILL NO. 1260
BY Judiciary and Rules

AN ACT

RELATING TO THE IMMIGRATION COOPERATION AND ENFORCEMENT ACT; AMENDING SECTION 18-9002, IDAHO CODE, TO DEFINE A TERM; AMENDING SECTION 18-9003, IDAHO CODE, TO REVISE PROVISIONS REGARDING ILLEGAL ENTRY AND TO REMOVE PROVISIONS REGARDING ILLEGAL ENTRY; AMENDING SECTION 18-9004, IDAHO CODE, TO PROVIDE FOR CERTAIN AFFIRMATIVE DEFENSES; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.

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

SECTION 1.

That Section 18-9002, Idaho Code, be, and the same is hereby amended to read as follows:

18-9002. DEFINITIONS. As used in this chapter.

(1) "Alien" has the meaning assigned by 8 U.S.C. 1101, as that provision existed on January 1, 2023. (2) "Custodial authority" means the director of the department of correction, county sheriffs, city chiefs of police, and any of their subordinates with the power to confine or detain a person under color of law. (3) "Dangerous crime" means any felony crime as described in Idaho Code or in similar state or federal code, any offense for which an extended term of imprisonment may be imposed pursuant to section 19-2520B, Idaho Code, or any offense requiring sex offender registration as set forth in section 18-8304, Idaho Code. (4) "Dangerous illegal alien" means an illegal alien who has previously been convicted or found guilty, by judgment or withheld judgment, of a dangerous crime in this state or in any other state or nation. (5) "DHS" means the United States department of homeland security and its subordinate agencies and divisions. (6) "Illegal alien" means a person eighteen (18) years of age or older who is verified by the federal government to be present in the United States in violation of the federal immigration and nationality act, 8 U.S.C., and federal rules promulgated in accordance therewith. (7) "Immigration detainer" means a notice or other documentation issued by United States immigration and customs enforcement requesting that a custodial authority or law enforcement official maintain temporary custody of an illegal alien, including a DHS form I-247 document or a similar successor form. (8) "Law enforcement official" means all state, county, and local law enforcement officers, prosecuting attorneys, and city attorneys. (9) "Port of entry" means a port of entry in the United States pursuant to 19 CFR 101. (10) "Violation of 8 U.S.C. 1324(a)(1) or 8 U.S.C. 1324(a)(2)" means a conviction in federal court of violating 8 U.S.C. 1324(a)(1) or 8 U.S.C. 1324(a)(2) or, in the absence of a charge or conviction, committing acts that would be a violation of 8 U.S.C. 1324(a)(1) or 8 U.S.C. 1324(a)(2).

SECTION 2. That Section 18-9003, Idaho Code, be, and the same is hereby amended to read as follows:

18-9003. ILLEGAL ENTRY FROM FOREIGN NATION. (1) A person who is an alien and is eighteen (18) years of age or older commits an offense if the person knowingly enters or attempts to enter this state at any location other than a lawful port of entry or through another manner of lawful entry or is at any time present in this state after having entered the United States in violation of 8 U.S.C. 1324(a)(1) or 8 U.S.C. 1324(a)(2). (2) A violation of this section shall be a misdemeanor upon a first conviction. A second or subsequent conviction shall be a felony. (3) Law enforcement officers may enforce the provisions of this section only when a person is detained or investigated for suspected commission of an independent crime under title 18, Idaho Code, excluding this chapter, or under chapter 27, title 37, Idaho Code. (4) It shall be an affirmative defense to prosecution under this section that: (a) The federal government has affirmatively granted the defendant: permission to remain in the United States under a provision of the immigration and nationality act or other federal statute; or (i) Lawful presence in the United States; or (ii) Asylum under 8 U.S.C. 1158; (b) The defendant's conduct does not constitute a violation of 8 U.S.C. 1325(a); (c) (b) The defendant was not investigated for, charged with, or convicted of committing the independent crime for which the defendant was detained or investigated pursuant to subsection (3) of this section; or. (d) The defendant was approved for benefits under the federal deferred action for childhood arrivals program between June 15, 2012, and July 16, 2021. (5) The following federal programs do not provide an affirmative defense for purposes of subsection (4)(a) of this section: (a) The deferred action for parents of Americans and lawful permanent residents program; and (b) Any program not enacted by the United States congress that is a successor to or materially similar to the program described by subsection (4)(d) or paragraph (a) of this subsection. (6) (5) Notwithstanding any other provision of law to the contrary, a defendant shall not be eligible for deferred adjudication or a withheld judgment if the defendant is charged with or convicted of an offense pursuant to this section.

SECTION 3. That Section 18-9004, Idaho Code, be, and the same is hereby amended to read as follows:

18-9004. ILLEGAL REENTRY BY CERTAIN ALIENS. (1) A person who is an alien commits an offense if the person enters, attempts to enter, or is at any time found in this state after the person: (a) Has been denied admission to or excluded, deported, or removed from the United States; or (b) Has departed from the United States while an order of exclusion, deportation, or removal is outstanding. (2) A violation of this section shall be a misdemeanor, except that the violation shall be a felony if: (a) The defendant's removal was subsequent to a conviction for commission of two (2) or more misdemeanors involving drugs, crimes against a person, or both; (b) The defendant was excluded pursuant to 8 U.S.C. 1225(c) because the defendant was excludable under 8 U.S.C. 1182(a)(3)(B); (c) The defendant was removed pursuant to the provisions of 8 U.S.C. chapter 12, subchapter V; or (d) The defendant was removed pursuant to 8 U.S.C. 1231(a)(4)(B). (3) For purposes of this section, "removal" includes any agreement in which an alien stipulates to removal pursuant to a criminal proceeding pursuant to either federal or state law. (4) Law enforcement officers may enforce the provisions of this section only when a person is detained or investigated for suspected commission of an independent crime under title 18, Idaho Code, excluding this chapter, or under chapter 27, title 37, Idaho Code. (5) It shall be an affirmative defense to prosecution under this section that the: (a) The defendant was not investigated for, charged with, or convicted of committing the independent crime for which the defendant was detained or investigated pursuant to subsection (4) of this section.; (b) The attorney general of the United States or the secretary of the United States department of homeland security has expressly consented to the defendant's entry into, reentry into, or presence in the United States; or (c) The federal government has affirmatively granted the defendant permission to remain in the United States under a provision of the immigration and nationality act or other federal statute. (6) Notwithstanding any other provision of law to the contrary, a defendant shall not be eligible for deferred adjudication or withheld judgment if the defendant is charged with or convicted of an offense pursuant to this section.

SECTION 4. An emergency existing therefore, 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).

SB 1260 scores 54, poorly because it does not meaningfully expand immigration or employment enforcement beyond the existing status quo. While framed as an E-Verify enforcement measure, the bill applies only to public agencies and a narrow subset of large state contractors, leaving most private employers, including industries where illegal hiring is most prevalent, untouched. By excluding subcontractors and independent contractors and imposing no civil fines or license consequences, the bill fails to change employer behavior or reduce illegal hiring incentives.

The bill’s enforcement mechanisms are limited and discretionary, providing political cover rather than structural accountability. SB 1260 relies on probationary periods, affidavits, and optional contract termination instead of mandatory penalties, proactive audits, or broad employer coverage. It creates no independent state enforcement authority and introduces no deterrent sufficient to disrupt labor-brokered illegal hiring. As a result, while SB 1260 allows lawmakers to claim action, it lacks the scope, enforcement teeth, and market impact required for meaningful immigration or labor reform.

Impact Rating = 1 (Symbolic/minimal change). Tier = 0 (0× multiplier).

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