Welcome to FindLaw's coverage of existing Idaho legislation and rules related to individuals' immigration status. However, it is important to be aware of the relationship and tension between state and federal law when it comes to subjects involving immigration. Below you will find information on what, if any, rules Idaho has regarding immigration checks by law enforcement, educational institutions, and employers, as well as the existence of E-Verify requirements, restrictions on public benefits based on an individual's immigration status, and more.
Although immigration and enforcement are typically matters dealt with by federal immigration authorities, an increasing number of local and county law enforcement officials are starting to assist with, investigate, or pursue suspected immigration-related offenses. Also, under a federal program known as "Secure Communities", all individuals arrested are fingerprinted and run through a database which checks their immigration status. However, some states are considering and sometimes passing legislation permitting local governments to "opt out" of such programs.
Under federal law, employers should refer to federal employment eligibility verification rules, as well as the requirements for Form I-9.
By executive order, Idaho requires government agencies and contractors to use E-Verify to very the employment eligibility of all employees and prospective employees prior to taking state contracts. Private employers are not required to use the E-Verify system, but may do so voluntarily.
Applicants for driver's licenses in Idaho are required to provide proof of age, identity, Idaho residency, and lawful presence in the United States. Idaho's Transportation Department provides a helpful page listing acceptable documents that can be used to establish the requirements.
Under federal law, illegal immigrants are prohibited from receiving public benefits, although they are allowed to receive emergency services, health care, and other programs that have been identified as "necessary to protect life and safety."
Idaho law does not allow for illegal immigrants to pay in-state tuition rates for state schooling.
In Idaho, every voter is required to present a photo ID in order to vote. Drivers' licenses, passports, and student ID's are examples of acceptable forms of identification for voting purposes. Voters who are unable to present photo ID may still vote, but will have to complete an affidavit stating their identity.
Contact a qualified immigration attorney to help you get the best results possible.