Bill Text: MI SB0044 | 2025-2026 | 103rd Legislature | Introduced
Bill Title: Crimes: other; illegal immigration; prohibit, and provide penalties. Creates new act.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced) 2025-02-04 - Referred To Committee On Government Operations [SB0044 Detail]
Download: Michigan-2025-SB0044-Introduced.html
SENATE BILL NO. 44
A bill to prohibit the illegal entry into or illegal presence in this state by an individual who is an alien; to provide penalties; to prohibit criminal arrests at certain locations; to provide for certain court orders; to grant immunity from liability and indemnification for enforcement actions to certain state and local government officials, employees, and contractors; to provide for the powers and duties of certain state and local government officers and entities; to provide for the legal defense of state officials, employees, and contractors; and to provide for reimbursement of certain state and local government officials, employees, and contractors for certain legal expenses.
the people of the state of michigan enact:
Sec. 1. (1) An individual who is an alien and who enters or attempts to enter this state at any location other than a lawful port of entry is guilty of a crime as provided in this section.
(2) Except as provided in subsection (3), an individual who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 180 days and a fine of not more than $2,000.00.
(3) An individual who commits a second or subsequent violation of this section is guilty of a felony. The court shall sentence the individual to imprisonment for not less than 180 days or more than 2 years and may impose a fine of not more than $10,000.00.
(4) If 1 or more of the following circumstances apply to the defendant, the defendant has an affirmative defense to prosecution under this section:
(a) The federal government has granted 1 of the following to the defendant:
(i) Lawful presence in the United States.
(ii) Asylum under 8 USC 1158.
(b) The defendant's conduct does not constitute a violation of 8 USC 1325(a).
(c) The defendant was approved for benefits under the federal Deferred Action for Childhood Arrivals program between June 15, 2012 and July 16, 2021.
(5) The following federal programs do not provide an affirmative defense under subsection (4):
(a) The Deferred Action for Parents of Americans and Lawful Permanent Residents program.
(b) Any program not enacted by the United States Congress that is a successor to or materially similar to the program described by subsection (4)(c) or subdivision (a).
(6) As used in this section:
(a) "Alien" means that term as defined in 8 USC 1101(a)(3).
(b) "Port of entry" means a port of entry in the United
States as designated by 19 CFR part 101.
Sec. 2. (1) An individual who is an alien and who enters, attempts to enter, or is at any time found in this state after 1 of the following has occurred with respect to the individual is guilty of a crime as provided in this section:
(a) The individual has been denied admission to or has been excluded, deported, or removed from the United States.
(b) The individual has departed from the United States while an order of exclusion, deportation, or removal is outstanding.
(2) Except as provided in subsections (3) and (4), a violation under this section is a misdemeanor. The court shall sentence the individual to imprisonment for not less than 90 days or more than 1 year and shall impose a fine of not more than $4,000.00.
(3) If 1 or more of the following apply, a violation of this section is a felony and the court shall sentence the individual to imprisonment for not less than 2 years or more than 10 years and may impose a fine of not more than $4,000.00:
(a) The defendant's removal was subsequent to a
conviction for commission of 2 or more misdemeanors involving a controlled substance or a crime against an individual, or any combination of both.
(b) The defendant was excluded pursuant to 8 USC 1225(c) because the defendant was excludable under 8 USC 1182(a)(3)(B).
(c) The defendant was removed pursuant to the provisions of subchapter V of 8 USC Chapter 12.
(d) The defendant was removed pursuant to 8 USC 1231(a)(4)(B).
(4) If the defendant was removed subsequent to a conviction for the commission of a felony, a violation of this section is a felony. The court shall sentence the individual to imprisonment for not less than 2 years or more than 20 years and may impose a fine of not more than $10,000.00
(5) For purposes of this section, "removal" includes an
order issued by a court of this state or any other agreement in which an alien stipulates to removal pursuant to a criminal proceeding under either federal or state law.
(6) As used in this section, "alien" means that term as defined in 8 USC 1101(a)(3).
Sec. 3. (1) An individual who is an alien to whom all of the following circumstances apply is guilty of a felony and the court shall sentence the individual to imprisonment for not less than 2 years or more than 20 years and may impose a fine of not more than $10,000.00:
(a) The individual has been charged with or convicted of an
offense under section 1.
(b) A court of this state has issued an order requiring the individual to return to the foreign nation from which the individual entered or attempted to enter.
(c) The individual refuses to comply with the order.
(2) As used in this section, "alien" means that term as defined in 8 USC 1101(a)(3).
Sec. 4. (1) Notwithstanding any other law, a law enforcement officer shall not arrest or detain an individual for purposes of enforcing a violation of section 1, 2, or 3 if the individual is on the premises or grounds of any of the following places:
(a) A school for educational purposes.
(b) A church, synagogue, or other established place of religious worship.
(c) A health care facility, provided that the individual is on the premises or grounds of the health care facility for the purpose of receiving medical treatment.
(2) As used in this section, "school" means a public, private, denominational, or parochial school offering developmental kindergarten, kindergarten, or any grade from 1 through 12.
Sec. 5. (1) If, during an individual's appearance for a violation of section 1, 2, or 3, the court determines that probable cause exists that the individual violated section 1, 2, or 3, the court may order the individual released from custody and issue a written order in accordance with subsection (3).
(2) The court at any time after an individual's first appearance before the court for an alleged violation of section 1, 2, or 3 may, in lieu of continuing the prosecution of or entering a conviction for an offense under section 1, 2, or 3, dismiss the charge pending against the individual and issue a written order in accordance with subsection (3).
(3) A written order authorized by subsection (1) or (2) must discharge the individual and require the individual to return to the foreign nation from which the individual entered or attempted to enter. An order under this subsection must not be issued unless all of following conditions are met:
(a) The individual agrees to the order.
(b) The individual has not previously been convicted of an offense under section 1, 2, or 3, or previously obtained a discharge under an order described by subsection (1) or (2).
(c) The individual is not charged with another offense that is punishable as a felony.
(4) Before the issuance of the order under subsection (3), the arresting law enforcement agency shall do all of the following:
(a) Collect all available identifying information of the individual, which must include taking fingerprints from the individual and using other applicable photographic and biometric measures to identify the individual.
(b) Cross-reference all the information collected under subdivision (a) with both of the following:
(i) All relevant local, state, and federal criminal databases.
(ii) Federal lists or classifications used to identify an individual as a threat or potential threat to national security.
(5) On an individual's conviction under section 1, 2, or 3, the court shall enter an order requiring the individual's return to the foreign nation from which the individual entered or attempted to enter. An order issued under this subsection takes effect on completion of the term of imprisonment imposed at sentencing.
(6) An order issued under this section must include both of the following:
(a) The manner of transportation of the individual to a port of entry.
(b) The law enforcement officer or state agency responsible for monitoring compliance with the order.
(7) An order issued under this section must be filed with the following entities:
(a) For an order under subsection (1), the county clerk of the county in which the individual was arrested.
(b) For an order under subsection (2) or (5), the clerk of the court exercising jurisdiction in the case.
(8) An order under this section requires that the individual be transported to a port of entry. This state is not responsible for the cost of or for the completion of a transport to a foreign nation under this section.
Sec. 6. A court shall not abate the prosecution of an offense under section 1, 2, or 3 on the basis that a federal determination regarding the immigration status of the defendant is pending or will be initiated.
Sec. 7. (1) Except as provided by subsection (4), a local government official, employee, or contractor is immune from liability for damages arising from a cause of action under state law resulting from an action taken by the official, employee, or contractor to enforce section 1, 2, or 3, or an order issued under section 5, during the course and scope of the official's, employee's, or contractor's office, employment, or contractual performance for or service on behalf of the local government.
(2) Subject to subsection (3) and except as provided by subsection (4), a local government shall indemnify an official, employee, or contractor of the local government for damages arising from a cause of action under federal law resulting from an action taken by the official, employee, or contractor to enforce section 1, 2, or 3, or an order issued under section 5, during the course and scope of the official's, employee's, or contractor's office, employment, or contractual performance for or service on behalf of the local government.
(3) Indemnification payments made under subsection (2) by a local government must not exceed the following:
(a) In the case of personal injury or death, $100,000.00 to any 1 person or $300,000.00 for any single occurrence.
(b) $10,000.00 for a single occurrence of property damage.
(4) Subsections (1) and (2) do not apply if the court or a jury determines that the local government official, employee, or contractor acted in bad faith, with conscious indifference, or with recklessness.
(5) A local government shall indemnify an official, employee, or contractor of the local government for reasonable attorney fees incurred in defense of a criminal prosecution against the official, employee, or contractor for an action taken by the official, employee, or contractor to enforce section 1, 2, or 3, or an order issued under section 5, during the course and scope of the official's, employee's, or contractor's office, employment, or contractual performance for or service on behalf of the local government.
(6) This section may not be construed to waive any statutory limits on damages under state law.
(7) As used in this section:
(a) "Damages" includes any and all damages, fines, fees, penalties, court costs, attorney fees, or other assessments.
(b) "Local government" means a county, city, township, or village.
Sec. 8. (1) Except as provided by subsection (4), an elected or appointed state official or a state employee or contractor is immune from liability for damages arising from a cause of action under state law resulting from an action taken by the official, employee, or contractor to enforce section 1, 2, or 3, or an order issued under section 5, during the course and scope of the official's, employee's, or contractor's office, employment, or contractual performance for or service on behalf of this state.
(2) Except as provided by subsection (4), this state shall indemnify an elected or appointed official or a state employee or contractor for damages arising from a cause of action under federal law resulting from an action taken by the official, employee, or contractor to enforce section 1, 2, or 3, or an order issued under section 5, during the course and scope of the official's, employee's, or contractor's office, employment, or contractual performance for or service on behalf of this state.
(3) Notwithstanding any other law, an indemnification payment made under subsection (2) is not subject to an indemnification limit under the laws of this state.
(4) Subsections (1) and (2) do not apply if the court or jury determines that the state official, employee, or contractor acted in bad faith, with conscious indifference, or with recklessness.
(5) This state shall indemnify a state official, employee, or contractor for reasonable attorney fees incurred in defense of a criminal prosecution against the official, employee, or contractor for an action taken by the official, employee, or contractor to enforce section 1, 2, or 3, or an order issued under section 5, during the course and scope of the official's, employee's, or contractor's office, employment, or contractual performance for or service on behalf of this state.
(6) A state official, employee, or contractor who may be entitled to indemnification under subsection (2) is entitled to representation by the attorney general in an action in which the official, employee, or contractor may be entitled to indemnification.
(7) This section may not be construed to waive any statutory limits on damages under state law.
(8) As used in this section, "damages" includes any and all damages, fines, fees, penalties, court costs, attorney fees, or other assessments.
Sec. 9. If a civil action is brought against an individual who may be entitled to immunity or indemnification under section 7 or 8, for actions related to the protections under this act, an appeal must be taken directly to the supreme court.
Sec. 10. This act does not affect a defense, immunity, or jurisdictional bar available to this state or a local government or an official, employee, or contractor of this state or a local government.
Enacting section 1. This act takes effect 90 days after the date it is enacted into law.
