Bill Description: House Bill 753 may allow for the protection of this regulation and prevent illegal aliens from being present in Idaho with a few exceptions.  ,
Rating: + 2
Does it offend the text or the nature of the Idaho Constitution or the U.S. Constitution? Examples include limits on conversation, public assembly, the media, protection, private property, or weapon. Likewise, does it restore or preserve the privileges guaranteed in the U. S. Constitution or the Idaho Constitution?
A person who is an alien undertakes an offense if they enter or attempt to enter this state straight from a international state at any place other than a valid port of entry, according to House Bill 753, which creates Title 18 of the Idaho Code.
A second offense would be a criminal, and a second or subsequent act would be a criminal.
This law may give Idaho law enforcement the authority to preserve and protect the sovereignty that the federal government opposes.  ,
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Additionally, House Bill 753 would establish Book 63, Title 19, Idaho Code, which permits a magistrate or judge to hear a case under newly created Book 89, Title 18, Idaho Code and requires the unlawful alien to “return to the foreign country where the man entered or attempted to enter.”
There are two possible causes of this. The judge” may provide in the case of the individual requiring the individual to return to the foreign country from which the man entered or attempted to enter” if an illegal alien is found guilty of violating Book 89, Title 18, Idaho Code. The judgment’s “takes effect upon the conclusion of the sentence or term of imprisonment” ( ).
The judge may issue such an order before a conviction for violating Chapter 89, Title 18, Idaho Code, and if the illegal alien agrees to it, has not previously been found guilty of violating this chapter, and is not charged with another felony that qualifies as a felony.  ,
A section in Chapter 89, Title 18, Idaho Code, will also be added to the criminalization of an illegal alien who refuses to comply with a judicial order to “return to the foreign nation from which the person entered or attempted to enter.” This crime would be a felony.  ,
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House Bill 753 would create sections 5- 347 and 5- 347A, Idaho Code, to provide civil immunity and indemnification for local government officials, employees, and contractors and for elected or appointed state officials or a state employee or contractors, respectively, for their efforts to enforce the laws created by this bill.  ,
Exceptions are created for actions done “in bad faith, with conscious indifference, or with recklessness”.
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Does it enact changes to federal laws, give in to federal blandishments, or incorporate changeable federal laws into Idaho statutes or rules in violation of the principles of federalism? Examples include using state resources to impose federal law, refusing to support and uphold the Tenth Amendment, and citing the federal code without noting because it was written on a specific date. Conversely, does it restore or uphold the principles of , federalism?
Unfortunately, House Bill 753 creates several broad exceptions to the general prohibition related to federal law, including for any illegal alien who has been granted “asylum under 8 U. S. C. 1158” or otherwise granted “lawful presence in the United States” by the federal government.  ,
For illegal aliens whose” conduct does not constitute a violation of 8 U.S. C. 1325 ( a )” or who were “approved for benefits under the federal deferred action for childhood arrivals program between June 15, 2012, and July 16, 2021,” there are also exceptions.
The state of Idaho should not support the federal government’s desire to ban criminal entry or otherwise support amnesty.  ,
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