Immigration advocates, law enforcement raise concerns over smuggling bill

LANSING — A recent House Republican proposal would make it a state crime to bring people into the United States without authorization, conceal them from law enforcement or transport them once they’re in the country.

Proponents say it would help local police to stamp out human smuggling in Michigan by adopting federal laws at the state level.

“Our plan would allow our local law enforcement to crack down on these blatant criminal acts and provide our communities with an extra layer of protection,” sponsor Rep. Gina Johnsen, R-Portland, said in a press release. “The federal government is doing what it can to end this crisis. It’s time for the state to also do its part.”

Immigration advocates and law enforcement are criticizing the proposal, however, saying it would impose an unnecessary burden on police and taxpayers.

Some say they fear the potential law would discourage people from using law enforcement services.

“We don’t see this being a wise investment of Michigan taxpayer money to do something that the federal government is already doing, and is doing well,” said Ruby Robinson, a managing attorney at the Michigan Immigrant Rights Center in Ypsilanti.

The bill is cosponsored by Reps. Cameron Cavitt, R-Cheboygan, Bill Schuette, R-Midland, Brian BeGole, R-Perry, and 34 other House Republicans.

Johnsen, Cavitt and BeGole were either unavailable for an interview or their offices did not respond to repeated requests for comment. Schuette declined to be interviewed.

Under the proposal, a person who knowingly “conceals, harbors or shields” an undocumented immigrant from law enforcement could be imprisoned for up to five years and face a $10,000 fine.

If the law is violated for financial gain, the penalty increases to up to 10 years imprisonment and a potential $20,000 fine.

The proposal would also make it a crime for an employer to knowingly hire more than 10 undocumented immigrants within a year.

The bill closely mirrors existing federal law which outlaws the same behavior.

The federal law and the proposed state version both, for example, contain exceptions for encouraging a noncitizen to enter the U.S. to serve as a minister or missionary for a religious denomination, as long as the noncitizen has been a member of the denomination for at least one year.

Federal authorities charged 2,419 people with violating the existing law from October 2024 to March 2025, according to the U.S. Department of Justice.

Six people in Michigan have been charged under the law in that period.

The bill appears to be part of a trend in the Legislature where lawmakers propose bills that are already covered by federal law, said Liz Balck, the West Michigan advocacy strategist for the American Civil Liberties Union of Michigan.

Balck said it’s “outrageous” to expect state and local police to take on the work of federal law enforcement agencies “when they already have plenty on their plate.”

Robinson, of the Michigan Immigrant Rights Center, said he’s concerned that the proposed law, which would be enforced by state and local police, would be an unnecessary burden for police at the expense of taxpayers.

People convicted under the state law would presumably be held in state prisons and county jails, facilities that are funded by Michigan taxes.

“There’s so many other areas where Michigan taxpayers could devote the resources to,” Robinson said. “There’s nothing to fix here – it’s happening at the federal level.”

The executive director of the Michigan Sheriffs’ Association, Matt Saxton, said he hasn’t heard of a need for a state statute to address bringing in, harboring or concealing undocumented immigrants.

“Typically, if there was an incident occurring in Michigan, that could be turned over to the Feds to deal with,” Saxton said.

Balck also expressed concern that the bill could have a chilling effect on people who want to use law enforcement services but fear being prosecuted under the potential law.

“Having states dabble in federal immigration policy is dangerous and obviously concerning to all of us,” Balck said.

The bill is pending action in the House Judiciary Committee.