EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1222*
HOUSE BILL 1222
E4 5lr2365
CF 5lr3498
By: Delegates Williams, Acevero, Allen, Amprey, Bagnall, Boafo, Boyce,
Charkoudian, Crutchfield, Cullison, Davis, Ebersole, Edelson, Embry, Fair,
Feldmark, Foley, Forbes, Fraser–Hidalgo, Harris, Hill, Ivey, A. Johnson,
D. Jones, Kaiser, Kaufman, Kerr, Lehman, R. Lewis, J. Long, Lopez,
Martinez, McCaskill, Mireku –North, Moon, Palakovich Carr, Pasteur,
Patterson, Pena–Melnyk, Phillips, Queen, Roberson, Ruff, Ruth, Shetty,
Simpson, Smith, Solomon, Spiegel, Stein, Stewart, Taveras, Taylor, Terrasa,
Valderrama, Vogel, Wells, White Holland, Wilkins, Wims, Wolek, Woods,
Woorman, and Young
Introduced and read first time: February 7, 2025
Assigned to: Judiciary
A BILL ENTITLED
AN ACT concerning 1
Public Safety – Immigration Enforcement 2
(Maryland Values Act) 3
FOR the purpose of requiring an employee or agent of a State or local correctional facility 4
and a law enforcement agent to detain a certain individual and transfer the 5
individual to federal immigration authorities under certain circumstances; 6
prohibiting the State, a unit of local government, a county sheriff, or any agency, 7
officer, employee, or agent of the State or a unit of local government from entering 8
into a certain immigration enforcement agreement; requiring the termination of an 9
existing immigration enforcement agreement on or before a certain date; and 10
generally relating to immigration enforcement. 11
BY adding to 12
Article – Correctional Services 13
Section 9–309 14
Annotated Code of Maryland 15
(2017 Replacement Volume and 2024 Supplement) 16
BY repealing and reenacting, with amendments, 17
Article – Criminal Procedure 18
Section 5–104 19
Annotated Code of Maryland 20
(2018 Replacement Volume and 2024 Supplement) 21 2 HOUSE BILL 1222
BY adding to 1
Article – Criminal Procedure 2
Section 5–104.1 3
Annotated Code of Maryland 4
(2018 Replacement Volume and 2024 Supplement) 5
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
That the Laws of Maryland read as follows: 7
Article – Correctional Services 8
9–309. 9
(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS 10
INDICATED. 11
(2) “COVERED INDIVIDUAL ” MEANS AN INDIVIDUAL WHO: 12
(I) IS NOT LAWFULLY PRES ENT IN THE UNITED STATES; AND 13
(II) HAS BEEN CONVICTED O F A CRIME OF VIOLENC E. 14
(3) “CRIME OF VIOLENCE ” HAS THE MEANING STAT ED IN § 14–101 OF 15
THE CRIMINAL LAW ARTICLE. 16
(B) IF REQUESTED BY FEDER AL IMMIGRATION AUTHO RITIES, AN 17
EMPLOYEE OR AGENT OF A STATE OR LOCAL CORREC TIONAL FACILITY SHAL L: 18
(1) DETAIN A COVERED IND IVIDUAL FOR UP TO 48 HOURS IN ORDER 19
TO FACILITATE THE TR ANSFER OF THE INDIVI DUAL TO FEDERAL IMMI GRATION 20
AUTHORITIES; AND 21
(2) TRANSFER A COVERED INDIVIDUAL T O FEDERAL IMMIGRATIO N 22
AUTHORITIES. 23
Article – Criminal Procedure 24
5–104. 25
(a) (1) In this section the following words have the meanings indicated. 26
(2) “Civil immigration violation” means a violation of federal civil 27
immigration law. 28
HOUSE BILL 1222 3
(3) “Family member” means a relative by blood, adoption, or marriage. 1
(4) “Household member” means a person who lives with another or is a 2
regular presence in the home of another. 3
(5) (i) “Law enforcement agent” means an individual who is certified by 4
the Maryland Police Training and Standards Commission under § 3–209 of the Public 5
Safety Article. 6
(ii) “Law enforcement agent” does not include an agent or employee 7
of a State correctional facility or a local correctional facility. 8
(6) “Local correctional facility” has the meaning stated in § 1–101 of the 9
Correctional Services Article. 10
(7) “State correctional facility” has the meaning stated in § 1–101 of the 11
Correctional Services Article. 12
(b) (1) In this subsection, “arrest” does not include a routine booking 13
procedure. 14
(2) Except as provided in paragraphs (3) [and], (4), AND (5) of this 15
subsection, a law enforcement agent may not, during the performance of regular police 16
functions: 17
(i) inquire about an individual’s citizenship, immigration status, or 18
place of birth during a stop, a search, or an arrest; 19
(ii) detain, or prolong the detention of, an individual: 20
1. for the purpose of investigating the individual’s 21
citizenship or immigration status; or 22
2. based on the suspicion that the individual has committed 23
a civil immigration violation; 24
(iii) transfer an individual to federal immigration authorities unless 25
required by federal law; or 26
(iv) coerce, intimidate, or threaten any individual based on the actual 27
or perceived citizenship or immigration status of the individual or: 28
1. the individual’s family member; 29
2. the individual’s household member; 30
3. the individual’s legal guardian; or 31 4 HOUSE BILL 1222
4. another individual for whom the individual is a legal 1
guardian. 2
(3) Nothing in this subsection shall prevent a law enforcement agent from 3
inquiring about any information that is material to a criminal investigation. 4
(4) If the citizenship or immigration status of an individual is relevant to a 5
protection accorded to the individual under State or federal law, or subject to a requirement 6
imposed by international treaty, a law enforcement agent may: 7
(i) notify the individual of the protection or requirement; and 8
(ii) provide the individual an opportunity to voluntarily disclose the 9
individual’s citizenship or immigration status for the purpose of receiving the protection or 10
complying with the requirement. 11
(5) (I) IN THIS PARAGRAPH , “COVERED INDIVIDUAL ” HAS THE 12
MEANING STATED IN § 9–309 OF THE CORRECTIONAL SERVICES ARTICLE. 13
(II) IF REQUESTED BY FEDER AL IMMIGRATION AUTHO RITIES, A 14
LAW ENFORCEMENT AGEN T SHALL: 15
1. DETAIN A COVERED IND IVIDUAL FOR UP TO 48 HOURS 16
TO FACILITATE THE TR ANSFER OF THE INDIVI DUAL TO FEDERAL IMMI GRATION 17
AUTHORITIES; AND 18
2. TRANSFER A COVERED I NDIVIDUAL TO FEDERAL 19
IMMIGRATION AUTHORIT IES. 20
5–104.1. 21
(A) (1) IN THIS SECTION , “IMMIGRATION ENFORCEM ENT AGREEMENT ” 22
MEANS A CONTRACT , AN AGREEMENT , AN INTERGOVERNMENTAL SERVICE 23
AGREEMENT , OR A MEMORANDUM OF U NDERSTANDING WITH TH E FEDERAL 24
GOVERNMENT THAT AUTHORIZES THE STATE, A UNIT OF LOCAL GOVE RNMENT, A 25
COUNTY SHERIFF , OR ANY AGENCY , OFFICER, EMPLOYEE, OR AGENT OF THE STATE 26
OR A UNIT OF LOCAL G OVERNMENT TO ENFORCE CIVIL IMMIGRATION LA W. 27
(2) “IMMIGRATION ENFORCEME NT AGREEMENT ” INCLUDES AN 28
AGREEMENT MADE IN ACCORDANCE WITH : 29
(I) 8 U.S.C. § 1103; 30
(II) 8 U.S.C. § 1357; OR 31 HOUSE BILL 1222 5
(III) ANY OTHER FEDERAL LAW . 1
(B) THE STATE, A UNIT OF LOCAL GOVE RNMENT, A COUNTY SHERIFF , OR 2
ANY AGENCY, OFFICER, EMPLOYEE, OR AGENT OF THE STATE OR A UNIT OF LOCAL 3
GOVERNMENT MAY NOT ENTER INTO A N IMMIGRATION ENFORC EMENT AGREEMENT . 4
(C) THE STATE, A UNIT OF LOCAL GOVE RNMENT, A COUNTY SHERIFF , OR 5
ANY AGENCY, OFFICER, EMPLOYEE, OR AGENT OF THE STATE OR A UNIT OF LOCA L 6
GOVERNMENT WITH AN EXISTING IMM IGRATION ENFORCEMENT AGREEMEN T SHALL 7
EXERCISE THE TERMINA TION PROVISION CONTA INED IN THE IMMIGRAT ION 8
ENFORCEMENT AGREEMEN T NOT LATER THAN JULY 1, 2025. 9
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 10
1, 2025. 11