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Debate in committee over bill that would expand 'harboring' to include persons unlawfully present
Summary
Rep. Lucas Schubert’s HB896 would add persons unlawfully present to state obstructing‑justice/harboring statutes; proponents called it a cleanup of existing law, while nonprofits, shelters and refugee advocates warned it would criminalize aid to vulnerable people and lack clear definitions for 'harboring.'
Representative Lucas Schubert introduced House Bill 896, proposing to include persons unlawfully present in Montana within existing state obstructing‑justice and harboring statutes. Schubert described the measure as a clarification using existing statutory language that applies to other offenders; he said the change would hold people who knowingly conceal or assist those evading law enforcement accountable.
Opponents—ranging from the Montana Coalition Against Domestic Violence, homelessness shelters, nonprofit service providers, the Montana Nonprofit Association, Family Promise and refugee‑resettlement groups—urged committee members to oppose the bill. They warned the statute lacks a narrow definition of "harboring," would place shelters, hospitals and volunteers at legal risk for providing food, shelter, transportation or medical services, and would force providers to police immigration status. "This bill puts the work of these organizations and the actions of people caring for their neighbors at risk by criminalizing the act of harboring without providing clear definitions or limitations," said Adam Jespersen of the Montana Nonprofit Association.
Kelsen Young of the Montana Coalition Against Domestic Violence told lawmakers victims and survivors seeking services could be swept into prosecutorial frameworks and urged the committee to resist the bill. Mary Poole of Soft Landing Missoula and other witnesses described how immigration status is often difficult to determine and that the bill would create perverse incentives—denying services to people who need help or subjecting service providers to criminal liability.
Sponsor Schubert repeatedly emphasized the bill requires a "knowing" mental state—"knowing another person is an offender"—and argued the statute has worked for decades for DUI and felony offenders without prosecutorial disasters for hospitals or shelters. Opponents said the practical effect would be chilling to providers and volunteers and urged the committee to table or vote no.
