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WeVote Research Nonpartisan
Bill Summary · HB 62

Overview

HB 62 (2026RS) from Kentucky addresses unlawful employment by defining and criminalizing employment of unauthorized aliens. The bill creates a new section within Kentucky Revised Statutes (KRS Chapter 434) and establishes penalties for unlawfully present individuals who knowingly seek or perform work for compensation.

Purpose and intent

  • Establishes a statutory offense for unlawful employment within the Commonwealth.
  • Aims to deter and penalize individuals who are unlawfully present in the United States and who knowingly seek or perform employment in Kentucky.

Key provisions

  • Definitions:
    • Unauthorized alien: a person unlawfully present in the United States under the federal Immigration and Nationality Act (8 U.S.C. § 1101 et seq.).
  • Unlawful employment offense:
    • A person is guilty if they are unlawfully present in the United States and knowingly seek employment or perform work in exchange for remuneration.
  • Penalty:
    • Unlawful employment is designated as a Class A misdemeanor in Kentucky.

Who/what is affected

  • Individuals who are unlawfully present in the United States.
  • Employers and workers who knowingly engage in employment with an unauthorized alien (by nature of the offense, the statute targets the worker’s conduct; it does not explicitly require employer liability in the text provided, though enforcement could involve investigations of both workers and employers).
  • The bill would add a new criminal statute under KRS Chapter 434 applicable in Kentucky.

Procedural and timeline aspects

  • Status: Introduced and assigned to committees (Judiciary; Economic Development & Workforce Investment) with action history indicating referral and consideration in 2026 session.
  • No explicit effective date or schedule is listed in the text provided; typically, such bills include a date upon enactment or a delayed effective date, but this excerpt does not specify one.
  • As a new section of KRS Chapter 434, it would require passage by the Kentucky General Assembly and signature by the Governor to take effect.

Practical impact and considerations

  • Criminalizes the act of unlawfully employed persons seeking or performing work, creating potential implications for individuals seeking employment in Kentucky who are not lawfully present.
  • Potential enforcement considerations for law enforcement and prosecutors, including how to determine unlawful presence and knowledge of employment.
  • Could raise questions about cooperation with federal immigration data and verification practices in employment contexts.

Summary

HB 62 creates a new state offense in Kentucky making it a Class A misdemeanor for a person unlawfully present in the United States to knowingly seek or perform employment for any remuneration. It defines “unauthorized alien” per federal law and targets the conduct of unlawful employment within Kentucky. The bill has moved through introductory and committee stages in the 2026 session, with no explicit effective date provided in the available text.

Compiled from official sources — confirm details with the bill’s official record.

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