House Bill 753 Summary

• Creates new crime of illegal entry from foreign nation (18-8902): misdemeanor for first conviction, felony for second or subsequent conviction; affirmative defenses include federal lawful presence, asylum status, or DACA approval between June 15, 2012 and July 16, 2021.

• Creates new crime of illegal reentry by certain aliens (18-8903): misdemeanor unless removal followed conviction for two or more drug/violent misdemeanors or specific federal removal circumstances, in which case felony; includes orders issued under new Idaho Code section 19-6301 as removals.

• Creates new crime of refusal to comply with deportation order (18-8904): felony offense for aliens who refuse magistrate or judge-issued orders to return to foreign nation after being charged with illegal entry or reentry crimes.

• Establishes "Order to Return to Foreign Nation" (19-6301): allows magistrates or judges to order aliens discharged and required to return to their country of origin under specified conditions; includes identification collection and database cross-referencing requirements.

• Provides civil immunity and indemnification for local and state government officials, employees, and contractors enforcing immigration laws: local governments capped at $100,000-$300,000 for personal injury/death and $10,000 for property damage; state indemnification unlimited; exemptions apply if bad faith, conscious indifference, or recklessness proven.

• Effective date: July 1, 2024; declared emergency.