LANSING, Mich. (Michigan News Source) – Human smuggling is illegal in the United States, but surprisingly, Michigan has no specific law against it. This gap has caught the attention of northern Michigan lawmakers, who see it as a growing issue that needs immediate attention.
According to U.S. Immigration and Customs Enforcement, human smuggling is transportation based while trafficking is exploitation based.
Lawmakers want human smuggling criminalized.
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“Human trafficking is a crime in the state of Michigan, but sadly, human smuggling isn’t,” said State Representative Gina Johnsen (R-Odessa). She appeared recently alongside Representative Cam Cavitt (R-Cheboygan) in a press conference announcing two bills that they are co-sponsoring, pushing for new legislation to address this oversight so that human smuggling can be criminalized in the state.
“Criminalizing human smuggling at the state level will guarantee local law enforcement are authorized and equipped to punish the predators illegally transporting people into our state,” said Cavitt. “These new laws will ensure that even if federal leaders continue embracing more and more radical far-left policies, Michigan will be steadfast in punishing anyone who chooses to exploit the vulnerable for personal profit.”
Michigan is a border state.
The lawmakers argue that Michigan’s vulnerability isn’t just at the southern border. From January to April this year, U.S. Customs and Border Patrol reported 8,600 encounters with smugglers in Michigan alone.
In their press release about their legislation, Cavitt and Johnsen say, “As a border state, Michigan is responsible for over 700 miles of the nation’s northern border. Only Texas and Alaska are responsible for a larger segment of the international border. Nationwide, U.S. Customs and Border Patrol reports encounters with illegal immigrants have nearly doubled over the past three years. While much of the smuggling crisis takes place at the U.S. – Mexico Border, encounters at the northern land border have increased by 114% since 2021.”
Local law enforcement needs tools to prosecute human smugglers.
While federal law bans human smuggling and applies nationwide, Johnsen and Cavitt believe Michigan needs its own law to empower local prosecutors. “Our proposed legislation will align Michigan’s laws with federal regulations, giving state prosecutors the authority to act if federal officials can’t or won’t,” said Cavitt.
The proposed bills essentially mirror federal law, targeting those involved in smuggling. Cavitt emphasizes that while the state law would reflect federal regulations, it would also grant local prosecutors the discretion to take action saying, ”This is about giving our local authorities the tools they need. They might not always use them, but they should have them available.”
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Human smuggling often leads to human trafficking, a problem that might seem distant but is very real in northern Michigan. Linda Solem, from the Coalition to Combat Human Trafficking, warns that the situation is closer to home than many realize. “It looks different here. It’s happening in our neighborhoods, families, and schools,” she said.
Human smuggling leads to human trafficking.
Solem explains that human smuggling involves illegal border crossing for a fee, often luring people with the promise of a better life. However, many end up trapped in human trafficking. For her, tackling smuggling is a crucial step in preventing trafficking. “Legislative action will empower our law enforcement and prosecutors to address this issue promptly,” Solem said.
While this legislation won’t eliminate smuggling or trafficking, Cavitt believes it addresses a critical gap in state law and underscores a lack of sufficient federal enforcement. He asserted, “We need to really kind of prod these people, let them know that we’re serious about this, and you’re not going to be able to do these kinds of things in Michigan. Because if the… federal government won’t enforce it, our state and local officials will.”
Abuse is prevalent among smuggling victims.
“In Michigan, human smuggling poses significant dangers as our proximity to international borders and Great Lakes ports heightens the risk of victims being abandoned in remote, hazardous areas and exposed to extreme weather conditions,” said Johnsen. “Smuggled individuals frequently endure severe abuse, including physical violence, sexual assault, and forced labor. This is a real issue and it’s hurting real people. Offenders must be brought to justice.”
What does the legislation say?
Introduced on May 23rd, the proposed legislation, House Bills 5739 and 5740, says it’s a felony if a person knows an individual is an alien and “brings to or attempts to bring the alien to the United States in any manner whatsoever at a place other than a designated port of entry, regardless of whether the alien received prior official authorization to come to, enter, or reside in the United States and regardless of any future official action that may be taken with respect to the alien.”
In addition, the legislation makes it as a felony if the individual “Knowing or in reckless disregard of the fact that an alien has come to, entered, or remains in the United States in violation of law, transports or moves or attempts to transport or move the alien within the United States by means of transportation or otherwise, in furtherance of such violation of law.”
The implications of this could be more far-reaching than they think – and also a problem for Michigan Democratic lawmakers to support the legislation considering the fact that President Biden is flying illegal immigrants into the country and NGOs and non-profits are helping to move them around the United States – which would be a felony in Michigan under this legislation.
Of the many lawmakers who signed on to support this legislation, there is only one Democrat who is a sponsor – Denise Mentzer (D-Mount Clemens, Sterling Heights, Clinton Twp.).
