July 23, 2008, Introduced by Rep. LeBlanc and referred to the Committee on Oversight and Investigations.
A bill to prohibit the employment of unauthorized aliens; to
provide for powers and duties of certain state officials and
agencies; and to provide remedies and penalties.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "legal
employment preservation act".
Sec. 3. As used in this act:
(a) "Employer" means an individual, partnership, for-profit or
nonprofit corporation, association, or other legal entity that
employs 1 or more individuals. For purposes of a violation
punishable by imprisonment for a violation of this act, "employer"
includes an individual who owns or exerts a controlling interest in
the business.
(b) "Unauthorized alien" means with respect to the employment
of an alien at a particular time, that the alien is not at that
time either of the following:
(i) An alien lawfully admitted for permanent residence in the
United States.
(ii) An alien authorized to be employed in the United States
under federal law.
Sec. 5. (1) An employer shall not knowingly or recklessly do
either of the following:
(a) Employ an individual who is an unauthorized alien.
(b) Encourage or induce an unauthorized alien to enter the
state for the purpose of employing the individual.
(2) For purposes of subsection (1), an employer's employment
of an unauthorized alien without having obtained a federal
employment eligibility verification I-9 form for the employee is
sufficient to establish knowing or reckless employment of an
unauthorized alien.
Sec. 7. (1) An employer that violates section 5 is guilty of a
misdemeanor punishable by a fine of not more than $50,000.00 for a
first violation.
(2) A second violation of section 5 is a felony punishable by
imprisonment for not more than 5 years or a fine of not more than
$100,000.00, or both.
(3) A third or subsequent violation of section 5 is a felony
punishable by imprisonment for not more than 5 years or a fine of
not more than $250,000.00, or both.
Sec. 9. A court shall consider all of the following factors in
setting a fine under section 7:
(a) The percentage of the employer's workers that are
unauthorized aliens.
(b) The degree of danger associated with the work the
unauthorized alien was hired to perform.
(c) The type and extent of any mistreatment of the
unauthorized alien by the employer.
Sec. 11. The attorney general shall prosecute violations of
this act. Local law enforcement agencies may investigate and report
violations of the act to the attorney general.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.