Michigan House Bill HB5778

Michigan 2023-2024 Regular Session

• Introduced: 6/4/24
• Refer: 6/4/24

Caption

Crimes: other; illegal immigration; prohibit, and provide penalties. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding secs. 410d, 410e & 410f.

Impact

The implications of HB 5778 are significant for state laws relating to immigration and criminal justice. By defining penalties specifically for aliens involved in illegal entry, the bill seeks to reinforce state-level enforcement of immigration law. Additionally, this legislation echoes federal policies on immigration, potentially leading to more stringent enforcement practices within Michigan. The criminalization of illegal presence could result in numerous legal challenges and heightened scrutiny of law enforcement practices regarding immigration status.

Summary

House Bill 5778 proposes amendments to the Michigan Penal Code to introduce new sections specifically targeting illegal immigration. It outlines criminal penalties for individuals who attempt to enter Michigan from a foreign nation without using a lawful port of entry. This legislation classifies first-time offenders as guilty of a misdemeanor with a maximum imprisonment of six months, while repeat offenders face felony charges, which could lead to imprisonment ranging from two to twenty years. It also specifies conditions under which certain defendants may establish affirmative defenses, such as having lawful presence or being granted asylum under U.S. law.

Contention

There are notable points of contention surrounding HB 5778, particularly regarding the potential for racial profiling and the disproportionate impact on immigrant communities. Opponents of the bill argue that it may lead to increased tensions between law enforcement and the public, as it encourages officers to investigate the immigration status of individuals encountered during routine policing activities. Furthermore, critics worry that the stringent penalties might incentivize violations of human rights and due process protections for vulnerable populations, undermining community trust in law enforcement.