Section 1. Definitions.

(a) The term “alien” means any person who is not a citizen or national of the United States.

(b) The term “organization” is defined in section 101(a)(28) of the Immigration and Nationality Act (8 U.S. Code § 1101), including but not limited to, an organization, corporation, company, partnership, association, trust, foundation or fund; and includes a sole proprietorship or group of persons, whether or not incorporated, permanently or temporarily associated together for joint action on any subject or subjects.

Section 2. Prohibitions.

It shall be unlawful for a person or organization to do any of the following:

(a) Conceal, harbor, or shield from detection; or attempt to conceal, harbor, or shield from detection; or conspire to conceal, harbor, or shield from detection an illegal alien in any place in [state], including any building or any means of transportation, if the person or organization knows or recklessly disregards the fact that the alien has come to, entered, or remains in the United States in violation of federal law, including being an inadmissible alien. This subdivision should be interpreted consistent with 8 U.S. Code § 1324(a)(1)(A).

(b) Encourage, promote, advertise, coerce, or induce an alien to come to or reside in [state] if the person or organization knows or recklessly disregards the fact that such alien’s coming to, entering, or residing in the United States is or will be in violation of federal law, including being an inadmissible alien. This subdivision should be interpreted consistent with 8 U.S. Code § 1324(a)(1)(A).

(c) Transport, or attempt to transport, or conspire to transport within [state] an alien in furtherance of the unlawful presence of the alien in the United States, knowingly, or in reckless disregard of the fact, that the alien has come to, entered, or remained in the United States in violation of federal law, including being an inadmissible alien. Conspiracy to be so transported shall be a violation of this subdivision. This subdivision should be interpreted consistent with 8 U.S. Code § 1324(a)(1)(A).

(d) Providing, promoting, or advertising shelter, financial support, or legal assistance to an alien in [state] if the person or organization knows or recklessly disregards the fact that such alien’s coming to, entering, or residing in the United States is or will be in violation of federal law, including being an inadmissible alien.

Section 3. Violations.

(a) Any person violating this section is guilty of a [state’s Class A misdemeanor] for each unlawfully present alien, the illegal presence of which in the United States and the State of [state], he or she is facilitating or is attempting to facilitate.

(b) A person violating this section is guilty of a [state’s second-degree felony] when the violation involves five or more aliens, the illegal presence of which in the United States and the State of [state], he or she is facilitating or is attempting to facilitate.

(c) A person with a prior conviction under this section who commits a subsequent violation of this section is guilty of a [state’s second-degree felony]

(d) On a finding of a first violation by a court of competent jurisdiction that a person or organization violated Section 2, the court shall do the following:

(i) Direct the applicable state, county, or municipal governing body to revoke all business licenses and permits, if such exist, held by the person or organization throughout the state for a duration of one year. On receipt of the order, and notwithstanding any other law, the appropriate agencies shall immediately revoke the licenses and permits held by the person or organization for a duration of one year.

(ii) Impose a fine fixed by ordinance, not to exceed the sum of three thousand dollars ($3,000) for each offense, and each unlawfully present alien aided by the person or organization in violation of this section shall constitute a separate offense.

(iii) For a subsequent violation of subsection (a) by a person or organization, the court shall direct the applicable state, county, or municipal governing body to permanently revoke all business licenses and permits, if such exist, held by the person or organization throughout the state. On receipt of the order, and notwithstanding any other law, the appropriate agencies shall immediately revoke the licenses and permits held by the person or organization.

(e) Any conveyance, including any vessel, vehicle, or aircraft, that has been or is being used in the commission of a violation of this section, and the gross proceeds received by any individual or organization using such conveyance to commit such a violation, shall be subject to civil forfeiture under the procedures applicable under state law.

Section 4. Exceptions.

(a) A law enforcement agency and its officers, employees, and staff, and any persons or organizations hired by a law enforcement agency, may securely transport an alien who is unlawfully present in the United States to any federal, state, or local detention or holding facility, or to any other location required to detain such alien or to facilitate transfer of the alien into federal custody.

(b) Any person acting in his or her official capacity as a first responder may shelter, move, or transport an alien unlawfully present in the United States pursuant to state law when required to provide emergency services.

Section 5. Enforcement.

(a) In the enforcement of this section, an alien’s immigration status shall be determined by verification of the alien’s immigration status with the federal government pursuant to 8 U.S. Code § 1373(c).

(b) Any record that relates to the immigration status of a person is admissible in any court of this state without further foundation or testimony from a custodian of records if the record is obtained from the federal government agency that is responsible for maintaining the record. A verification of an alien’s immigration status received from the federal government pursuant to 8 U.S. Code § 1373(c) shall constitute proof of that alien’s status. A court of this state shall consider only the federal government’s verification in determining whether an alien is lawfully present in the United States.