Michigan House Bill HB5740

Michigan 2023-2024 Regular Session

• Introduced: 5/23/24
• Refer: 5/23/24

Caption

Crimes: other; bringing in and harboring certain undocumented persons; prohibit. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 409c.

Impact

If enacted, HB 5740 would strengthen existing immigration laws within Michigan by establishing a clear framework for prosecuting individuals who assist undocumented aliens. The bill enumerates various actions that constitute felonies, including transportation of undocumented aliens, concealing their presence, and inducing their entry unlawful. Notably, violations resulting in serious bodily harm or death lead to harsher sentences, including exposure to life imprisonment for the most severe offenses. By giving law enforcement and prosecutors this expanded set of tools, the bill marks a significant shift in how immigration-related offenses are handled at the state level.

Summary

House Bill 5740 seeks to amend the Michigan penal code by adding a new section (409c) aimed at criminalizing specific actions related to undocumented individuals. The bill outlines several felonies that can be charged against individuals who knowingly bring, harbor, or encourage undocumented aliens to enter or remain in the United States in violation of the law. Under this bill, significant penalties are imposed for different offenses, which vary depending on the nature of the act and the circumstances surrounding it.

Contention

The proposed legislation may face considerable debate given its stern penalties and implications for immigrant communities, as well as potential challenges regarding its enforcement. Critics may argue that tougher penalties could contribute to fear and mistrust within immigrant populations, exacerbating the challenges they face. Furthermore, the bill’s strict approach may draw scrutiny regarding its alignment with broader state and federal immigration policies, highlighting the ongoing national discourse regarding undocumented immigration and law enforcement's role in immigration matters.