Idaho State Immigration Laws

Immigration laws are primarily enforced by federal agencies. But states have their own rules that affect the daily life of immigrants and the services they can access. These rules and regulations vary by state.

This article outlines Idaho’s immigration laws. Learn more about:

• Law enforcement and immigration in Idaho
• Employment and immigration
• Idaho E-Verify requirements
• Driver’s license and ID requirements
• Public benefits restrictions
• Education checks
• Voting ID rules
• Housing ordinances and immigration
• How an immigration attorney can help
• Related resources

Immigration rules are complex and are constantly evolving. If you’re facing an immigration issue in Idaho, a local attorney can help you understand your rights and available options.

Law Enforcement and Immigration in Idaho

Federal immigration authorities typically handle immigration and enforcement. Many local and county law enforcement officials are starting to help with these issues. They are also beginning to investigate or pursue suspected immigration-related offenses.

A federal program once required that all arrestees’ names be entered into a database. This program was “Secure Communities.” The database checked immigration statuses. Former President Donald Trump renewed the program by executive order in 2017. But President Joe Biden revoked that executive order in 2021.

The new program is the “Criminal Apprehension Program.” Under the program, only convicts get checked for immigration violations. A few other federal agencies have access to the database information:

• The Federal Bureau of Investigation (FBI)
• The Department of Homeland Security (DHS)
• U.S. Immigration and Customs Enforcement (ICE)

It is essential to know how federal and local law enforcement officials may cooperate in enforcing immigration laws.

Employment Checks

Under federal law, employers should refer to federal employment eligibility verification rules. They should check the Form I-9 requirements.

Idaho E-Verify Requirements

By executive order, Idaho requires government agencies and contractors to use E-Verify to confirm workers’ employment eligibility before they take state contracts. Private employers don’t have to use the E-Verify system, but may do so voluntarily.

Driver’s License and ID Requirements

Applicants for driver’s licenses in Idaho must show proof of age, identity, Idaho residency, and U.S. citizenship or lawful presence in the United States. Idaho offers a helpful list of acceptable documents that meet the requirements.

Public Benefits Restrictions

Under federal law, immigrants without proper documents can’t get public benefits. But they can get emergency services. They can also get health care and other programs that are “necessary to protect life and safety.”

Education Restrictions

Idaho law does not allow immigrants living here illegally to pay in-state tuition rates at state schools. This also applies to Deferred Action for Childhood Arrivals (DACA) recipients. DACA protects eligible young adults from deportation after their parents brought them to the United States as children. It also gives these young adults work authorization for limited periods. Those periods of work authorization are renewable.

Voter ID Rules

In Idaho, every voter must present a photo ID to vote. Driver’s licenses, passports, and student IDs are acceptable forms of identification for voting. Voters unable to show photo ID may still vote but must complete an affidavit stating their identity.

Housing Ordinances and Immigration

There are no special ordinances in Idaho about housing and immigration. But property owners and landlords must adhere to federal fair housing laws, which prohibit discrimination based on religion, national origin, ancestry, or immigration status.

Need More Help? Contact an Attorney

Whether you’re in Boise or elsewhere in Idaho, getting expert legal representation for an immigration issue is essential.

Navigating the immigration system can be overwhelming and frustrating. It can be difficult to understand the federal and state laws that impact your situation. The legal landscape surrounding immigration is also constantly changing. This is why legal advice from an immigration attorney can be a critical support.

An experienced attorney can help with several immigration issues, including:

• Becoming a U.S. citizen through the naturalization process
• Appearing before an immigration court
• Applying for visas for travel to the United States or employment
• Renewing your nonimmigrant visa
• Advocating for a family member who has been detained by ICE

FindLaw’s directory of immigration attorneys can get you started. Because state immigration laws are relevant, your attorney should be licensed in Idaho. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show important details about prospective lawyers, including ratings and whether they offer free consultations.

If you can’t afford an attorney, many work pro bono. That means they offer legal help at no cost to you. Noncitizens facing any type of immigration problem may have access to legal resources, regardless of their ability to pay.

Do not be afraid to talk to an immigration lawyer—attorney-client privilege prohibits them from sharing information about your immigration status. Their role is to help you, not act as an enforcement agent.

Immigration in Idaho: Related Resources

• Legal Aid Idaho —This nonprofit organization offers free and low-cost legal services to eligible people, including people living in Idaho without proper documentation and other migrants and immigrants.
• Immigrant Justice Idaho — This nonprofit organization offers various advocacy services to migrants in Idaho. The group also provides many immigration services beyond just legal assistance.
• University of Idaho College of Law Immigration Law Clinic —This law clinic offers legal advice to migrants and immigrants in Idaho.