S 1441

                    LEGISLATURE OF THE STATE OF IDAHO
 Sixty-eighth Legislature  Second Regular Session - 2026
                                 IN THE SENATE
                             SENATE BILL NO. 1441
                          BY STATE AFFAIRS COMMITTEE
1AN ACT
2  RELATING TO A MEMORANDUM OF AGREEMENT WITH IMMIGRATION AND CUSTOMS ENFORCE-
3      MENT; AMENDING CHAPTER 6, TITLE 19, IDAHO CODE, BY THE ADDITION OF A NEW
4      SECTION 19-626, IDAHO CODE, TO ESTABLISH PROVISIONS REGARDING LAW EN-
5      FORCEMENT ENTERING INTO A MEMORANDUM OF AGREEMENT WITH IMMIGRATION AND
6      CUSTOMS ENFORCEMENT; AND DECLARING AN EMERGENCY AND PROVIDING AN EFFEC-
7      TIVE DATE.
8  Be It Enacted by the Legislature of the State of Idaho:
9      SECTION 1. That Chapter 6, Title 19, Idaho Code, be, and the same is
10 hereby amended by the addition thereto of a NEW SECTION, to be known and des-
11 ignated as Section 19-626, Idaho Code, and to read as follows:
12     19-626. MEMORANDUM OF AGREEMENT WITH IMMIGRATION AND CUSTOMS ENFORCE-
13 MENT. (1) As used in this section:
14     (a) "Enforcement and removal operations" means the directorate of
15     United States immigration and customs enforcement under the department
16     of homeland security that manages all aspects of the immigration en-
17     forcement process, including the identification, arrest, detention,
18     and removal of aliens who are subject to removal or are unlawfully
19     present in the United States.
20     (b) "Immigration and customs enforcement" means the federal law en-
21     forcement agency under the department of homeland security, with the
22     primary mission to promote homeland security and public safety through
23     criminal and civil enforcement of federal laws governing border con-
24     trol, customs, trade, and immigration.
25     (c) "Law enforcement agency" means any law enforcement agency of any
26     political subdivision of the state, including any municipal police de-
27     partment or county sheriff's office.
28     (d) "Section 287(g)" refers to section 287(g) of the immigration and
29     nationality act, 8 U.S.C. 1357(g), that permits the delegation of cer-
30     tain immigration enforcement functions to local law enforcement agen-
31     cies and that enables specially trained local peace officers to perform
32     specific functions relating to the investigation, apprehension, or de-
33     tention of noncitizens during a predetermined time frame and under fed-
34     eral oversight by immigration and customs enforcement.
35     (2) Except as provided in subsection (3) of this section, each law en-
36 forcement agency in this state shall make an application for a section 287(g)
37 program for which the local or county law enforcement agency is eligible, in-
38 cluding but not limited to the jail enforcement model and the warrant service
39 officer model operated by the department of homeland security. Participa-
40 tion in such models and programs shall be required only to the extent that the
41 necessary resources for participation are reasonably available to the law
42 enforcement agency.
                                      2
1(3) Upon a specific, written finding of fact by the county commission-
2  ers for a county sheriff's office or by the city council for a municipal po-
3  lice department that establishes that entering into a section 287(g) memo-
4  randum of agreement would hinder a county or local law enforcement agency's
5  duty to provide other necessary services required by law, such agency may opt
6  out of the requirements of subsection (2) of this section.
7(4) If a law enforcement agency is unable to enter into a section 287(g)
8  memorandum of agreement pursuant to subsection (3) of this section or is lim-
9  ited in its participation pursuant to subsection (2) of this section, such
10 agency shall publish, and forward to the United States department of home-
11 land security, a statement declaring the reasons for its inability to enter
12 into the memorandum or for its limited participation and any efforts made to
13 establish alternate cooperation with enforcement and removal operations of
14 immigration and customs enforcement.
15     SECTION 2. An emergency existing therefor, which emergency is hereby
16 declared to exist, this act shall be in full force and effect on and after
17 July 1, 2026.