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Idaho Immigration Law Blocked By Federal Judge Over Likely Violations To The Constitution

A protest against the Trump administration in Idaho (Credit: Getty Images)

A federal judge has suspended an Idaho immigration bill allowing law enforcement to arrest migrants suspected of crossing into the state illegally if they are caught involved in another crime.

Concretely, federal judge Amanda Brailsford issued a preliminary injunction against the state's House Bill 83, passed by the legislature in March and signed into law by Governor Brad Little.

The bill went into effect immediately, but Brailsford quickly blocked authorities from enforcing it with a temporary restraining order later extended. The decision is a result of a lawsuit by the state's ACLU chapter, which argued that the law seeks to have local agents to the job of federal authorities.

Brailsford extended the injunction this week saying that the lawsuit has a strong likelihood of success on several claims, including that the bill could be violating due process enshrined in the Constitution.

"We are pleased the court recognized that enforcement of this law is harmful and unconstitutional," said ACLU of Idaho Staff Attorney Emily Croston in a statement reported by the Idaho Capital Sun.

"We are confident this lawsuit will succeed on its merits, and we hope it sends a message to Idaho's lawmakers that passing anti-immigrant, unconstitutional legislation is not what Idaho needs," she added.

The decision comes on the same week as a Florida federal judge strongly rebuked state Attorney General James Uthmeier for telling local law enforcement agents they could ignore an order of hers blocking them from carrying out an immigration law in the state.

Concretely, U.S. District Judge Kathleen Williams said she was "surprised and shocked" to learn about Uthmeier's actions. "What I am offended by is someone suggesting you don't have to follow my order, that it's not legitimate," Williams told state attorneys, according to Fox News.

The judge added that she is planning on issuing a preliminary injunction against the statute in question, which makes it a misdemeanor for undocumented immigrants to enter the state evading immigration officials.

Williams initially issued a temporary restraining order but then extended it after learning that authorities had arrested 15 people, including a U.S. citizen. Uthmeier reacted to the extension telling officers to stop implementing the law but making it clear he disagreed with the judge. Days later, however, he sent another memo saying the judge was legally wrong and local law enforcement was allowed to enforce the law.

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