Idaho Statutes Title 18. Crimes and Punishments § 18-9004. Illegal reentry by certain aliens

(a) Has been denied admission to or excluded, deported, or removed from the United States;  or

(b) Has departed from the United States while an order of exclusion, deportation, or removal is outstanding.

(a) The defendant's removal was subsequent to a conviction for commission of two (2) or more misdemeanors involving drugs, crimes against a person, or both;

(b) The defendant was excluded pursuant to 8 U.S.C. 1225(c) because the defendant was excludable under 8 U.S.C. 1182(a)(3)(B);

(c) The defendant was removed pursuant to the provisions of 8 U.S.C. chapter 12, subchapter V;  or

(d) The defendant was removed pursuant to 8 U.S.C. 1231(a)(4)(B).

(a) The defendant was not investigated for, charged with, or convicted of committing the independent crime for which the defendant was detained or investigated pursuant to subsection (4) of this section;

(b) The attorney general of the United States or the secretary of the United States department of homeland security has expressly consented to the defendant's entry into, reentry into, or presence in the United States;  or

(c) The federal government has affirmatively granted the defendant permission to remain in the United States under a provision of the immigration and nationality act or other federal statute.