18-9008 DETERMINATION OF ALIENAGE UPON CONFINEMENT.

18-9008. Determination of alienage upon confinement. (1) Following an arrest for a criminal offense, the custodial authority shall determine as part of the booking process if the person may be a foreign national. If it is determined that the person is a foreign national, then the custodial authority shall notify DHS of the identity of the person so confined and the place of confinement. Such notification shall be provided within forty-eight (48) hours of the person being placed in confinement.

(2) A person's status as a foreign national shall be considered suspect if the person cannot provide:

(a) A valid Idaho driver's license;

(b) A valid Idaho identification card;

(c) A valid United States passport;

(d) Any valid driver's license or identification card issued by a state or district or territory of the United States, provided the issuing authority limits issuance of the foregoing to persons who demonstrate lawful presence in the United States;

(e) Any valid identification card issued by the United States, including those issued by the department of defense, provided the issuing authority limits issuance of the foregoing to persons who demonstrate lawful presence in the United States; or

(f) Any other information sufficiently reliable to demonstrate the identity of the confined person and the person's lawful presence in the United States.

History:

[18-9008, added 2025, ch. 183, sec. 1, p. 860.]