The State of House of Representatives recently passed House Bill 978, which allows state authorities to seize any vehicle involved in a traffic violation or accident if it’s driven by an illegal immigrant, which includes rented and leased vehicles if the owner knew, or should have known that the driver is an illegal immigrant. If this bill becomes effective, anyone involved in an accident or even minor traffic infraction would be required to prove that the person is a United States citizen or risk loosing his/her vehicle. On the surface, this law appears to be fair since this would mean that those who break the law would be forced to reimburse the system at least in a small way. The end result, however, would require the state police to become proficient in immigration law since they would be required to seize vehicles based on immigration status. Otherwise, how would they determine if a person with expired greed card or adjustment of status does not mean that the person is here illegally? How would the police be able to determine a driver was illegal immigrant during a traffic stop? Would the inquiry be based on color or accent of the driver? Would the owner of the vehicle be required to prove that they did not know the immigration status of the driver? Would this bill work like the property seizure laws in drug offense cases? If this HB 978 becomes effective, business owners might be required to provide sworn affidavits to prove that they did not know the immigration status of the driver. They may even be required to testify in a hearing or risk loosing their vehicle.

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